For our case, the opposite party may file SLP in SC against HC order, with request for condonation of delay of 580 days over and above the limitation period of 90 days.
In case, we do not have a caveat, will the Judge still call us for hearing on dismissal/acceptance of the SLP, as the SC Guide 1966 on chapter 16 -"Appeals by Special Leave", article 10, page 50 says:
10. (1) Unless a caveat as prescribed by rule 2 of Order XVIII has been lodged by the other parties, who appeared in the court below, petitions for grant of special leave shall be put up for hearing ex-parte, but the court if it thinks fit, may direct issue of notice to the respondent and adjourn the hearing of the petition:
Provided that where a petition for special leave has been filed beyond the period of limitation prescribed therefor and is accompanied by an application for condonation of delay, the court shall noy condone the delay without notice to the respondent.
Eagerly waiting for your suggestions.
Thanks and Regards,