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Rinu   04 September 2015

Condonation of delay application--- needed or not?

A piece of land in Delhi had been acquired in 1972. The compensation had not been paid to the owner of the land. The legal heir now want to claim either the acquired land back or a fair compensation or some alternative plots.

45 years had passed, would the Courts consider the case?

Would an apllication of condonation of delay suffice?

If yes, whats is th process, ho wmuch time a court takes in disposing of an application of condoatin delay?

Any other elaboration?

Thanks a lot in advance.



Learning

 5 Replies


(Guest)

you have to show SUFFICIENT cause for delay on your part. it is 45 years bro. if you have sufficient cause you can go for a condonation of delay petition u/s 5 of limitation act. the format of affidavit required for the petition is given below:

 

Before the Honourable District Court at _______________(enter station)

AS No.(enter appeal suit number and year)

Appellant:(enter name)

Respondent:(enter name) 

AFFIDAVIT

1. I am the appellant in the above appeal and the petitioner in the IA.

2. The above appeal is given against the judgement and decree of ______court in OS No._____(give case number) against the appellant stating to _______(briefly state the order). I know the facts of the case.

3. The appeal ought to have been filed on _______(date). But as I(appellant) was________(enter the sufficient reason) the appeal could not be filed within the said period. Hence a delay of _____days is caused in filing the appeal. The said delay is not due to my wilful default.

4. I have filed a separate petition along with this for condoning the delay of __days in filing the appeal which has to be allowed.

Hence it is prayed that this honourable court may be pleased to condone the delay of ___days in filing the appeal by allowing the IA filed herewith for the same, unless I will be put to irreparable injuries and loss.

All that is stated above are true and correct to the best of my belief.

Dated this the ______(date)

Sd/-Deponent

 

Mob No:

Email:

Ms. Arundhati I think this suffice your requirement 

Regards

 

the format of the petition would be given below:

 

BEFORE SHRI …………………………….: SOLE ARBITRATOR NEW DELHI.

 

 

IN THE MATTER OF

 

 

………………………………………..                                                      …Claimant

 

 

Versus

 

 

……………………………...                                                      … Respondents

 

 

 

APPLICATION ON BEHALF OF THE RESPONDENTS FOR CONDONATION OF DELAY IN FILING THE APPLICATION BEFORE THE LD. ARBITRATOR

 

 

RESPECTFULLY SHOWETH

 

 

1.     That the abovementioned matter is pending before this ld. Arbitrator and is fixed for hearing on today i.e. DAY/MONTH/YEAR.

 

2.     That the respondent (GIVE REASON/ GROUNDS, FOR EG.)………………..

 

3.     That (GIVE REASON/ GROUNDS) (FOR EXAMPLE)because of which the counsel of the Respondent company could not contact them to abreast themselves about the facts of the abovementioned case hence the counsel of the Respondent company is not in position to file anything before the ld. Arbitrator.

 

4.     That there is nothing intentional or deliberate on the part of the Respondent company but due to unavoidable circumstances that the counsel is not ready to file anything.

 

        In view of the above facts and circumstances, it is most respectfully prayed that the ld. Arbitrator may be pleased to grant …………weeks time for filing the application.

        It is Prayed accordingly.

 

 

RESPONDENTS

Through

 

 

 

  New Delhi                                                 SANKHLA & ASSOCIATES

Dated:     ……………….                                                    ADVOCATES

N-252, SECOND FLOOR

GREATER KAILASH PART ONE

NEW DELHI-110048

                                              

 

 

1 Like

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     05 September 2015

Dear Mr. Rinu

                            THERE IS A SUPREME COURT JUDGEMENT IN THE SECOND HALF OF THE YEAR 2011 WHERE IN THE HONORABLE COURT HAD CONDONED THE DELAY IN A PARTITION DEED EXECUTED IN THE YEAR 1951 . YOU FORST FIND OUT THE DETAILS FROM THE HINDU NEWS PAPER , CHENNAI EDITION LAST PAGE . THE MATTER APEARS IN BOLD LETTERS AND IT IS MORE THAN HALF PAGE . IF YOU CAN FIND OUT THAT YOU CAN GET THE FULL DETAILS OF THE APPEALLANT AND THE HONORABLE JUDGES WHO GAVE THIS JUDGEMENT . ON THE BASIS OF THAT YOU CAN SEARCH THAT JUDGEMENT IN INDIAN KANOON WEBSITE - JOSEPH WILFRED - 05/09/2015 AT 02.06 HRS

1 Like

(Guest)

the question is not how old your case is. the question is do you have SUFFICIENT CAUSE of waiting for so many years? and wheatther the court will accept that SUFFICIENT CAUSE?

 

the case where sc condoned the delay of a deed executed in 1951, almost 60 years ago, might have SUFFICIENT CAUSE TO WAIT 60 YEARS AND THAT CAUSE SATISFIES THE COURT.but what is your reason for waiting so long ?

Biswanath Roy (Advocate)     05 September 2015

How could you know that the land in question was acquired in the year 1972? Are you in possession of requisition Notice ? How you could come to know that compensation of the acquired land was not paid to the owner of the land or to the heirs of that property ? On recipt of your answers I CAN SHOW YOU THE WAY TO CLAIM COMPENSATION MONEY.

1 Like

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     05 September 2015

Dear Mr. Querrist

                                Mr. ROY HAD RAISED SEVERAL QUESTIONS THAT ARE VERY MUCH RELAVENT TO YOUR CASE . ONLY IF YOU PROVE THAT YOU ARE THE LEGAL HEIR OF THAT LAND AND THAT LAND HAD BEEN TAKEN AWAY BY THE GOVERNMENT AND FOR WHICH NO COMPENSATION HAD BEEN PAID YOU CAN DO YOU PART WHETHER TO RECOVER THAT LAND OR GET COMPENSATION FROM THE GOVERNMENT . BECAUSE IN 1972 AND ALL , I HAVE NEVER HEARD OF ANY STATE GOVERNMENT OR THE CENTRAL GOVERNMENT ACQUIRING ANY LAND FOR ANY PURPOSE . I HAVE HEARD OF A CASE WHICH RELATES TO 1973 IN A PARTICULAR STATE THAT FRAUD HAD BEEN COMMITTED IN COLLUSION WITH SEVERAL GOVERNMENT SERVANTS AND THE STATE GOVERNMENT WAS DEFRAUDED BY SEVERAL LACS OF RUPEES AND WHEN THE FRAUD CAME TO LIGHT MANY WERE CHARE SHEETED IN CRIMINAL CASES AND THE PROPERTIES OF THOSE PERSONS WERE ATTACHED BY THE GOVERNMENT. MORE THAN 100 PERSONS WERE INVOLVED IN THAT CASE AND ONLY ONE WAS ABLE TO COME OUT CLEAN BECAUSE A FAMOUS SENIOR COUNSEL APPEARED FOR HIM IN THE HIGH COURT . REST WERE CONVICTED AND THAT CONVICTION WAS UPHELD BY THE HONORABLE SUPREME COURT OF INDIA . MANY HAVE DIED BEFORE THAT CASE COULD BE HEARD BY THE HONORABLE SUPREME COURT OF INDIA . 

          I DON'T MEAN THAT SINCE YOU ARE THE LEGAL HEIR OF THAT PROPERTY , THAT WOULD HAVE COME UNDER SUCH CATEGORY . BUT YOU SHOULD MAKE SURE THAT THE LAND IN QUESTION IS OUT OF ALL SUCH MATTERS . BECAUSE THE GOVERNMENT WILL HAVE THE RECORDS PERTAINING TO THAT LAND. THIS IS ONLY AN ADVICE THAT YOU SHOULD NOT LAND IN UNNECESSARY TROUBLE BY DIGGING INTO THAT MTTER NOW- JOSEPH WILFRED - 05/09/2015 AT 20.46 HRS. 

1 Like

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