Document Fragment View
Fragment Information
Showing contexts for: cm main in Delhi Development Authority vs Swaran Chadha on 7 October, 2024Matching Fragments
3. That on 15.06.2024, after necessary internal discussions and approval, the Appellant informed the present counsel that the appeal by way of CM(main) will lie against the impugned order dated 08.05.2024 before Hon'ble High Court in terms of Karnataka Housing Board v. Κ.Α. Nagamani [Civil Appeal No.4631 of 2019]and the same is within limitation.
4. That on 26.06.2024, the Appellant filed CM Main No. 2966 of 2024 before Hon'ble High Court of Delhi under Article 227 of the Constitution. However, certain objections were raised by the Registry of Hon'ble High Court.
5. That thereafter, the file was resent to department on 05.07.2024 by counsel for signing as certain pages were not legible and the same were required for filing.
6. That on 12.07.2024, after rectifying the objections, the counsel sought essential documents, particularly order dated 03.10.2023 by the Execution Court, from the Appellant as the same was not traceable.
7. That the appeal was refiled by the counsel for Appellant and the same was listed bearing CM Main No. 2966 of 2024 for hearing before Hon'ble Delhi High Court on 22.07.2024.
9. That vide order dated 22.07.2024 in CM MAIN No. 2966/2024, Hon'ble High Court of Delhi after hearing arguments in brief on maintainability granted liberty to the Appellant to avail other correct legal remedies as available and permissible under law.
10. That the aforesaid proceeding before Hon'ble High Court was prosecuted in good faith and due to defect of jurisdiction, the Hon'ble Court was unable to entertain it and thereby granted liberty to the Appellant to approach this Court against the impugned order dated 08.05.2024.
"4. That on 26.06.2024, the Appellant filed CM Main No. 2966 of 2024 before Hon'ble High Court of Delhi under Article 227 of the Constitution. However, certain objections were raised by the Registry of Hon'ble High Court."
21. Additionally, the appellant's sole justification in the aforementioned application was that the delay in filing the Appeal is Procedural delay. To this argument of the Appellant, we deem it appropriate to refer to the case of Office of the Chief Post Master General and AEA/10/2024 DDA VS. MRS. SWARAN CHADHA DOD: 07.10.2024 Ors. Vs. Living Media India Ltd. and Ors. reported in AIR 2012 SC 1506, wherein the apex court has held as under: