Hello learned counsels,
We had an arbitration case against the state which was awarded to us by the arbitrator.
We won the same in the district court. An appeal was made against that in the Allahabad HC which was rejected by the honourable HC on delay condonation grounds of 100 days of delay. The HC order clearly states that the delay of 100 days was not explained by the state, hence the delay condonation is dismissed.
Now, the state is planning to file a SLP in SC with a delay condonation appeal. The HC order was of dated 18 Jan 2010. Their 90 days period to appeal in SC is again over by almost 580 days.
They also seem to put all blame of delay in filing SLP (90 days limitation over by another 580 days) on one clerk in the dept and may pray that they were not given a just chance of hearing in the HC. While the fact is that their HC delay was also not condoned on the similar grounds, and the HC order clearly states that their reason for delay was not satisfactory.
We also have another case open in the disctrict court on execution of the HC order, and the district judge has served 12 notices to the govt dept to deposit the dues in the court. But the dept has not obliged so far.
With the above fact in picture, how much chances do they have that their SLP might get accepted.
Request your kind insight into the matter.
What should be our next course of action.
Eagerly waiting for the response.
Thanks in advance.
Manish Sharma
