show that it was a bona fide proceeding
before the wrong Forum with due diligence to invoke the
provision of Section 14 of the Limitation ... Arbitration
and Conciliation Act before the wrong court, the time spent in the
proceedings before the wrong forum could be excluded under
section
dismissed as withdrawn as the applicants-
appellants had chosen the wrong forum. The applicants-appellants were
under the bonafide belief that because the award ... instant appeal is bonafide and the
result of choosing the wrong forum by the applicant for redressal of their
grievances. Therefore, the delay
further averred that the petitioner had approached
the wrong forum on ill-advice by the counsel.
6. The application is being contested by the respondent ... maintainable. The fact that
.
petitioner had approached the wrong forum on ill-advice of the counsel
has also been disputed.
7. I have heard
taken by the petitioner that delay
occurred on account of choosing wrong forum because, prior to filing
the claim petition, petitioner had filed petition before ... fidely and diligently and time was consumed
in prosecuting remedy before wrong forum, time spent before wrong
forum is required to be excluded, while computing
file the civil suit. Since the petitioner
has chosen the wrong forum, therefore, he is permitted to
1
Whether reporters of Local Papers
Both were cases, like the present, of. the appellant choosing a wrong forum of appeal on the mistaken advice of the counsel. It was laid ... Judge) due to whose mistaken advice the appeal was filed in a wrong Court beyond the period of limitation, as appears from the following observation
pendency of the applicant's appeal
before the wrong forum, the delay has occurred in instituting
the present appeal, therefore, in the interest
Section 34(3) of the Act. Prosecution of the objections in wrong forum may be a good ground for the condonation of the delay
Panchayat vide order dated 8.8.2005. Petitioners filed an
appeal in the wrong forum which was permitted to be
withdrawn vide Order dated 14.10.2008. Petitioners again
petitioners
were pursuing their remedy bona-fidely, though before a wrong
Forum. Learned Senior Counsel also submitted that the
Reference was filed by the petitioners
