RERA APPEAL/13/2020
2023 Latest Caselaw 1544 UK

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      06.06.2023                        Delay Condonation Application (CLMA No. 10020 of 2020)
                                        In
                                        RERA APPEAL No. 13 of 2020
                                        Hon'ble Alok Kumar Verma, J.

Heard Mr. Rajat Mittal, learned counsel for the applicants-proposed appellants on Delay Condonation Application.

2. No one is present on behalf of the respondent even in revised call.

3. There are 265 days delay in filing the proposed RERA APPEAL, filed against the judgment dated 03.01.2020, passed by learned Uttarakhand Real Estate Appellate Tribunal, Dehradun in Appeal No. 28 of 2019, "Mrs. Shalini Dang vs. R.A. Construction and Others", whereby the said Appeal has been allowed.

4. Mr. Rajat Mittal, learned counsel for the applicants, contended that the impugned judgment was passed on 03.01.2020, and, thereafter, the applicants contacted his local counsel and applied for certified copy. The certified copy was received on 09.01.2020, and, thereafter, the applicants were advised to prefer an Appeal before this Court. But, during the said period, the Court was closed for vacation till 09.02.2020 and during the said period, the applicants suffered financial loss, due to which, they could not prefer the appeal and thereafter, due to lockdown, started from 25.03.2020, the applicants could not file the proposed RERA APPEAL.

5. One cannot dispute the legal proposition that the explanation of delay of each day till the date of filing the application has been diluted by the Hon'ble Supreme Court in several cases. The rules of the procedure are made to advance the cause of justice and not to defeat it.

6. Having regard to the totality of the facts and circumstances of the present case and the cause shown by the applicants, through their affidavit, this Court is inclined to hold that the cause shown by the applicants for condoning the delay in filing the proposed Appeal, is a sufficient cause within the meaning of Section 5 of the Limitation Act, 1963. Therefore, the application, filed for delay condonation, deserves to be allowed. The said application is allowed. The delay of 265 days' in preferring the proposed Appeal is condoned accordingly.

7. At this juncture, Smt. Neetu Singh, learned counsel for the respondent, appeared and sought time for arguments on Admission.

8. List on 07.06.2023 for arguments on Admission.

(Alok Kumar Verma, J.) 06.06.2023 Shiksha