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TMI Blog2019 (2) TMI 1394X X X X Extracts X X X X X X X X Extracts X X X X ..... . An agreement in that behalf was executed on 14.04.2004 in terms of which the total consideration for the villa was Rs. 15,65,000/- and the villa was to be completed within 30 months. Later, sale deed in respect of the plot was registered in favour of the appellants on 14.05.2004. According to the appellants they had secured loan to the tune of Rs. 13,30,000/- from a bank and had paid all the instalments as and when they were due. On or about 03.10.2007 the appellants received a demand notice for payment of balance consideration of Rs. 5,13,850/- together with interest @ 24%. The amount of Rs. 5,13,850/-was tendered by the appellants on 12.10.2007 but the cheque was returned by the respondent. 4. Thereafter, a statement of accounts was pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts. The order passed by the District Forum-II is presently pending appeal before the State Commission, New Delhi. 7. The Civil Suit filed by the respondent was dismissed by Additional District Judge-15 (Central), Tis Hazari Courts, Delhi by his judgment and order dated 30.07.2014. The principal issue framed was whether the respondent was entitled to recovery of Rs. 8,73,556/- as alleged? The case put up by the respondent was not accepted by the trial court and rejecting all the contentions of the respondent the suit was dismissed. 8. The respondent being aggrieved filed Regular First Appeal No.876 of 2016 in the High Court with an application to condone the delay of 721 days in filing said appeal. The explanation offered in support of co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny is entitled to interest due to the alleged delay in payment of the principal sum, shall be decided at the time of final hearing of the appeal. Original status report is taken on record. List on 23rd May, 2018 for final hearing. Trial court record be requisitioned for the next date of hearing." 9. The matter was, thereafter, taken up by the High Court on 23.05.2018 when it was observed: "The Respondent is stated to have deposited the money as directed on the last date, with the Registrar General of this Court. The amount shall be kept in a FDR on automatic renewal mode. The possession of the villa has not yet been given by the Appellant. They undertake that the possession of the fully completed villa shall be handed over to the Resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... session of the disputed flat/villa constructed by the appellant in Cloud-9, Hill Town, Village Khabrar, Ram Garh, District Nainital, Uttarakhand. Therefore, it is ordered that the amount deposited by the respondents in this Court be released back to the respondents along with accrued interest thereon within a period of four weeks from today and simultaneously or before the respondents will hand over possession back of the subject villa received by the respondents from the appellant pursuant to interim orders in this appeal to the appellants." The First Appeal was admitted and directed to be listed in due course as per the year of its seniority. 12. The aforesaid order dated 25.07.2018 is now under challenge. While issuing notice, this Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Court when there was no satisfactory explanation. In our view, there was gross negligence on part of the respondent and the explanation offered in support of the prayer for condonation does not appear to be correct. This is evident from the fact that no effective steps were taken to pursue the complaint which was lodged against the then advocate. In the petition for special leave, it was asserted that the complaint against the Advocate was not being proceeded with and the respondent had remained absent on the relevant date. Said assertion was not answered satisfactorily in the affidavit in reply filed in this Court. Taking totality of the circumstances, in our view the delay ought not to have been condoned by the High Court. We, therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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