penalty imposed by HC on respondent,ignoring court's mistake

meenakshi chauhan (Querist) 23 March 2010 This query is : Resolved
there is a writ pending in delhi HC.

we are the respondents in that writ.

we were given last chance on last date to file the counter,
we did that on time. but i think my lawyer's clerk didnot get that
attested and filed that. after filling objections were checked two
times and every time no objection were raised by regarding authority.
my lawyer also inspected the file and found our counter filed in the
court file also. but today in the court judge said that your counter is
not attested to which my counsel told that no objection was raised by the
registrar then how could we know that there is some problem, and even
the counter is attached in court's file also, but even then judge
imposed that penalty on us. strange thing was that DDA filed its
counter just 3 days back even then they were not penalized, on last
date we and DDA both were given last chance to file the counter that
too in the month of january. we did that, and the counters copy was in
the court file also and with DDA counsel also.

but due to court's authority negligence counter was not given to petitioner also.

what do you think can at this point of matter we should be penalized,
as the registrar didnt raised any objection while filing, we are having
the date of filing also..

my lawyer was saying that we will be moving an application regarding
that, coz we have filed the counter, and that was too accepted by the
registrar without raising any objection..

what would you suggest about that?? what can be done now??

thank you

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