LINKS PVT.LTD. Vs. SHAKEEL AHMED

JUDGEMENT

(1.) HEARD the learned counsel for the appellant. He submits that there is a delay of 293 days in filing this Appeal. The grounds for delay, mentioned in paragraph 2 of the application for condonation of delay, are as under: There is a delay of 293 days in filing the Appeal before this Honble Commission. The delay occurred in view of the fact that the applicant is not able to maintain the business and was not in a position to raise the fund to deposit Rs. 50,000/ - per case before this Honble National Commission. It is, therefore, prayed that this Honble National Commission be pleased to condone the delay in filing the appeal. Otherwise, the appellant will be put to irreparable loss and hardship.

(2.) THIS is not a convincing reason for condoning such an abnormal delay of 293 days especially when the appellant is engaged in transactions amounting to crores of rupees. This application for condonation of delay is not at all convincing and does not merit consideration.

(3.) LEARNED counsel appearing on behalf of the appellant submits that the learned counsel who appeared for the appellant(the respondent before the State Commission) had given an undertaking to pay the amount without seeking instructions from the appellant; hence, the undertaking is invalid. In this connection it is relevant to quote in extensio, the order passed by the State Commission, which is as under: After hearing for some time the LC appearing for the OP on instructions submits that the OP has no objection to pay a sum of Rs. 55,75,300/ - with interest at 12% p.a. from 11.8.2004 till realization. The LC appearing for the complainant on instructions from the complainant who is present before this Commission has no objection to dispose of the complaint on the basis of the statement made by the LC appearing for the OP. Hence we pass the following: ORDER Complaint is allowed in part. The OP is directed to pay Rs. 55,75,300 to the complainant with interest at 12% p.a. from 11.8.2004 till realization. The OP has given 6 months time to pay the amount to the complainant as ordered above. The parties are directed to bear their own costs.