ITEM NO.25 COURT NO.
6 SECTION XVII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 31629/2022
(Arising out of impugned final judgment and order dated 13-06-2022
in CC No. 28/2021 passed by the National Consumer Disputes
Redressal Commission, New Delhi)
ANTRIKSH DEVELOPERS AND PROMOTERS PRIVATE LIMITED
& ANR. Petitioner(s)
VERSUS
KUTUMB WELFARE SOCIETY (REGD.) & ANR. Respondent(s)
(IA No.157016/2022-CONDONATION OF DELAY IN FILING and IA
No.157017/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 04-11-2022 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MR. JUSTICE M.M. SUNDRESH
For Petitioner(s) Ms. Vanshaja Shukla, AOR
Mr. Aakash Nandolia, Adv.
Mr. Sajal Singhai, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
It is not in dispute that the written statement was filed
beyond the period of 45 days. The period of limitation to file is
30 days which can be condoned up to 15 days only.
As observed and held by this Court in the case of New India
Assurance Co. Ltd. vs. Hilli Multipurpose Cold Storage (P) Ltd.
(2020) 5 SCC 757, the Tribunal has no jurisdiction to condone the
delay beyond the prescribed period mentioned in the Statute.
In that view of the matter, it cannot be said that the
National Consumer Disputes Redressal Commission has committed any
error in refusing to condone the delay which was beyond 45 days.
Signature Not Verified The present Special Leave Petition stands dismissed.
Digitally signed by
NIRMALA NEGI
Date: 2022.11.07
[Link] IST
Pending application stands disposed of.
Reason:
(R. NATARAJAN) (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
