LAWS(NCD)-2025-5-8

VRIDHI Vs. KSM NIKETAN PRIVATE LIMITED

Decided On May 23, 2025
Vridhi Appellant
V/S
Ksm Niketan Private Limited Respondents

JUDGEMENT

(1.) Heard the learned counsel on the I.A. No.15528/ 2024 filed by the Complainant seeking Condonation of 527 days Delay in filing C.C. No.67/2024.

(2.) The learned counsel for the Complainant, while referring to I.A. No. 15528 of 2024 seeking condonation of delay, contended that there is a delay of approximately 527 days in filing the present complaint and the limitation period expired on 1/10/2022. The delay occasioned due to the Covid-19 restrictions and the failure of the Opposite Parties (OPs) to respond despite repeated follow-ups by the Complainant seeking execution of the sale deed. The Complainant was unable to procure the necessary documents in time due to the false assurances of the OPs and prevailing circumstances beyond its control. The delay is neither deliberate nor wilful, but bona fide, and if not condoned, would result in grave prejudice to the Complainant, whereas no corresponding hardship would be caused to the Opposite Parties. Accordingly, it was prayed that the delay be condoned in the interest of justice.

(3.) Learned Counsel for the OPs opposed the said application seeking Condonation of delay in filing of the present complaint and prayed that the same be dismissed with costs.