Decided on May 18,2007

D.S.I.D.C.LTD. Appellant


HIMA KOHLI, J. - (1.) By way of this review petition, the appellant is seeking review of the order dated 23rd November, 2006 whereby the appeal preferred by the appellant was dismissed on the ground of delay and also on the ground that the appeal was still with objections raised by the registry and not removed by the appellant.
(2.) Very briefly, the relevant facts for disposing of the review petition are that that the appeal was initially filed with the Registry on 29th October, 2005. The same was scrutinized by the Registry from time to time and various objections were raised. The said appeal was taken back by the counsel for the appellant from the filing counter only on 2nd June, 2006, i.e. after a period of seven months. Thereafter, as objections which required to be removed were still persisting, the appeal was again taken back or refiling. The Registry raised objections on 18th June, 2006 asking the appellant to file an application for condonation of delay in refiling the appeal which was replied to by the counsel on 2nd August, 2006 stating that the matter be placed before the Court as it is. The appeal was returned on 7th August. 2006 with the objection that sufficient Court fee was not affixed on the documents and the impugned order. The said objection was removed and the appeal was refiled on 7th September, 2006. The Registry raised yet another objection on 18th September, 2006 that appeal be refiled with an application for condonation of delay. However, no such application was filed and the appeal was listed with the said objection in Court.
(3.) On the first date of hearing, i.e. 8th November, 2006, the appeal was adjourned to 20th November, 2006 on the basis of an adjournment slip circulated on behalf of the appellant. On the next date of hearing, as it was observed that the appeal was filed on 29th October, 2005 (erroneously typed as 29th September, 2005 in the order) and the same was processed by the Registry on 7th November, 2005 and thereafter nothing was done in the matter till 7th August, 2006, an explanation was sought from the registry as to why there was such an inordinate delay in processing the matter. The matter was adjourned to 23rd November, 2006. Before the next date of hearing, the appellant filed two applications, one for condonation of delay in refiling the appeal and the other application under Section 5 of the Limitation Act for condonation of delay in filing the appeal. After perusing the report of the Registry and the applications of the appellant, vide order dated 23rd November, 2006, it was held that the appellant failed to make out a case of sufficient cause for seeking condonation of delay and that the objections raised by the registry still continued to persist. Thus the appeal was rejected on the ground of delay and failure to remove the objections on behalf of the appellant.;

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