JAN CHETNA JAGRITI AVOM SHAIKSHANIK VIKAS MANCH & ORS. vs SH ANAND RAJ JHAWAR SOLE PROPRIETOR OF M/S RR AGROTECH

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 14.02.2025 + RFA 140/2025 JAN CHETNA JAGRITI AVOM SHAIKSHANIK VIKAS MANCH & ORS. .....Appellants Through: Mr. Mir Adnan Zahoor and Mr. Akhil Bharat Kukreja, Advocates. versus SH ANAND RAJ JHAWAR SOLE PROPRIETOR OF M/S RR AGROTECH .....Respondent Through: None. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) CM APPL. 8976/2025 (for condonation of delay of 562 days in filing the appeal) 1. The appellants, a registered Non-Government Organization (NGO) and its President and Secretary have filed the present application, seeking condonation of delay of more than one year in filing the accompanying appeal under Section 96 CPC to assail the judgment and decree of recovery of money. According to the appellants, the delay concerned is of 562 days while as per Registry of this court, the delay is of 565 days. I have heard learned counsel for appellants and examine the records. RFA 140/2025 Page 1 of 13 pages GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, ou=DELHI HIGH COURT, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435f97626cacca, postalCode=110003, st=DELHI, serialNumber=D3E86796451EC45C07B5D15570996B40F80CBD2EEE60402C487965FF801E26FA, cn=GIRISH KATHPALIA Date: 2025.02.14 18:27:16 -08'00' Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Date:14.02.2025 19:38:40 2. The delay in filing the accompanying appeal is explained in the application solely on the ground of professional misconduct of the erstwhile counsel, as extracted below: “3. That the said delay was neither wilful nor deliberate but was solely caused due to grave professional misconduct and lack of diligence on the part of the previous counsel engaged by the Appellants, who f