Nexes court fees and condonationof delay for complaint under section 138 ni act
T.R. Ganesan
(Querist) 18 August 2015
This query is : Resolved
Dear Sirs,
A Complaint U/S138 is duly registered in the Court of M. M. A Condonation of Delay Application also with it which is not duly registered and numbered. A Notice for Court Fees / Verification not collected from the court. The copy ofcomplaiant and condonation of delay allication is not served to the defendantby the Complainant/Applicant or by Court.
Under the above circumstancesI seek your valuable advice,perhaps an academic question.
1) It would be correct after hearing both the parties on Condonation of delay Application, if the delay is condoned or allowed subject to payment of CF to the satisfaction ofthe court/statute.
2) Process fee is already paid with the Complaint and delay application.
Thanks in advance3
SAINATH DEVALLA
(Expert) 18 August 2015
Condonation of delay in filing the complaint is heard in the first hearing itself and the respondent/defendent. is not concerned.
dev kapoor
(Expert) 20 August 2015
Hello,
Where period of limitation is prescribed in a special Ac and there is no provision for extension of time i.e. condonation of delay is not permissible, delay cannot be condoned.The provision may be harsh but it has no alternative.If a provision is not available in the Act any such application is meaningless and court may ignore it.
