DELHI DEVELOPMENT AUTHORITY Vs. A K MEHROTRA

JUDGEMENT

(1.) This order will dispose of 3 Miscellaneous applications namely, RA-37/91, RA-65/91 and RA-1/92. The facts are being given from RA-1/92. The case has get a chequered history. Briefly the facts are that the Delhi Development Authority, appellant filed an appeal against the order of the District Forum dated 1.11.90. The impugned order was received by the appellant on 6.11.90. However, the appeal was filed by them on 6.5.91 with an application for condonation of the delay in filing the appeal. In the application it is stated that when the file was received in the office it get mingled up with other files and could be traced only on 18.4.91. After the file was received by Sh. P. N. Dhar, panel lawyer he returned it to the authority with the request, that he would not be able to file the appeal due to bad health.

(2.) It is further stated that after receipt of the file from Shri P. N. Dhar, it again mingled up with the other files and could not be traced. Consequently, the appeal could not be filed within time. Thereafter, the file was traced a few days before the date of filing the appeal. It was entrusted to panel lawyer on 18.4.91 for filing the appeal. Consequently, it is prayed that delay in filing the appeal be condoned. The appeal was dismissed in default on 26.6.91. RA-37/91 was filed for restoration of the appeal, on 18-7-91. The RA was dismissed in default on 30.10.91. After the dismissal of the RA, an application No. RA-65 dated 25.11.91 was filed on 27-11-92 for restoration of application No. RA-37/91. That application was again dismissed in defaulting 27-1-92.3rd application namely RA-1/92 was filed on 21.2.92 for restoration of RA-65/1991.

(3.) The application RA-1/92 has been opposed by the learned Counsel for the respondent on the ground that the conduct of the applicant had been negligent from the very beginning and there are no sufficient grounds for restoration of the same.