LAWS(NCD)-2018-8-59

LANDMARK APARTMENTS PVT LTD Vs. DEVENDER SINGH SAWHNEY

Decided On August 14, 2018
Landmark Apartments Pvt Ltd Appellant
V/S
Devender Singh Sawhney Respondents

JUDGEMENT

(1.) Heard both the Learned Counsel for the parties.

(2.) This Appeal has been filed against the order dated 01.12.2016 in Complaint Case No.24/2016 passed by the State Commission, Delhi, wherein the right of the Opposite Party to file written statement stands closed.

(3.) The present appeal has been filed with a delay of 82 days. It has been stated in the application for condonation of delay that the copy of the impugned order was applied on 23.02.2017 and the same was received on 06.03.2017. It is claimed that the order didn't appear on the website of the State Commission and after getting the information the copy was applied for, memo of appeal was prepared and appeal filed. Accordingly the delay in filing the appeal is inadvertent. If the application for condonation of delay is allowed, it will not prejudice the interest of the other side. The application for condonation of delay was contested by the Learned Counsel for the Respondent, who stated that the order was passed in December, 2016 and the Appellant applied in February, 2017 and the delay is deliberate to harass the Complainant.