Urgent - slp in sc


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

 
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practicing advocate

There are so many citations by the supreme court also regarding condonation of delay.  It has said that to condone the delay reasonable grounds are required

 
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SLP will be dismissed like SLPS. However if you hire an attorney and pay him 6-12 lac Rs, then a notice will be issued. BUT even that's doubtful. SLPs are considered in only very grave miscarriage of justice and delay is not much of an issue. If judges are convinced of extreme injustice then they'll entertain  the SLP without the High Court's Certificate. In this case which has very scanty details ,you must get a cerificate from the High Court which will work even if high court rejects. SLP admission takes about 5 years for disposal. IN VERY SERIOUS MATTERS, SC commits the matters to HCs to decide within a specified time limit. Order reads something like this:

SLP ALLOWED.

Committ to HC  for a dcision within 2,3 months.

 
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