ISHAN SYSTEM PVT. LTD. Vs. OPTIEMUS INFRACOM LTD.

JUDGEMENT

(1.) THE instant application has been filed under Sections 5 and 14 of the Limitation Act read with Section 151 of the C.P.C.. for condonation of delay in filing the accompanying Appeal against the judgment and order dated 10th July, 2012 of the DRT -III, Delhi, whereby S.A. No. 714/2011 has been dismissed. According to the office report, the Appeal is time -barred by 48 days as it has been filed on 26th September, 2012 qua the order dated 10th July, 2012.

(2.) AS per the averments of the application, the delay in filing the Appeal had occasioned due to the filing of the writ petition [W.P. (C) No. 35215/2012] before the Allahabad High Court against the order impugned, which had been dismissed on 30th July, 2012 on the ground of lack of territorial jurisdiction; that thereafter another writ petition was filed before the Delhi High Court, which had refused to entertain the same, vide order dated 21st August, 2012, on the ground of availability of alternative remedy of Appeal that the delay in filing the appeal was bona fide and was not intentional that the appellant/applicant was of the view that since this Tribunal had passed an order dated 24th January, 2012 wherein findings on all the issues raised in the accompanying appeal had been given, therefore, filing of the appeal before this Tribunal would be a idle formality.

(3.) THOUGH no formal reply to the application has been filed by the respondents, yet Mr. Amit S. Chadha, the learned Senior Advocate, had vehemently opposed the application on behalf of respondent No. 1.