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09.04.2025 : I.A. No. 8479/2024
This is an application praying for condonation of 14 days delay in filing of the appeal.
The ground given in the application is that appeal is filed by the appellant through its Power of Attorney Holder Mr. Sanjay Dhawan and it is submitted that appellant is resident of USA and due to lack of effective communication, appellant could not get timely instructions for filing of the appeal.
Learned counsel for the respondent has not file any reply to the said delay condonation application.
We find sufficient cause to condone the delay of 14 days.
Delay condoned.
I.A. No. 8466/2024
This is an application praying for 245 days delay in refiling of the appeal.
Appellant has filed an additional affidavit in support of the refiling delay application. A reply has been filed by the respondent opposing the condonation of refiling delay.
Learned counsel for the appellant in the additional affidavit submits that appellant came to know that application for condonation of delay being 8479/2024 & 8466/2024 are verbatim and appellant was not informed by earlier counsel that there is huge delay in refiling.
Learned counsel for the respondent opposing the submission submits that application for refiling delay dated 28.10.2024 has been filed with the affidavit of same person Mr. Sanjay Dhawan who has filed the appeal and delay condonation application which is dated 28.10.2024 and submission of the appellant that both applications i.e., delay condonation application and refiling delay application are verbatim is incorrect.
We have perused the applications and we do not find that they are verbatim applications.
In application for condonation of refiling delay the reasons have been given in paragraph 3. The refiling delay application has been filed on 28.10.2024, we are of the view that there is no sufficient explanation for condoning 245 days delay in refiling of the appeal.
We do not find any good ground to condone the inordinate delay of 245 days for which there is no proper explanation.
Refiling delay application is rejected. Memo of appeal is also rejected.