2016 (10) TMI 1366

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..... Kiran Suri, Sr.Adv. Ms. Ritu Bhardwaj, Adv. Mr. Shreekant N. Terdal, Adv. For the Respondent : Mr. Amarjit Singh Chandiok, Adv. Ms. Manmeet Arora, Adv. Mr. Chand Chopra, Adv. Ms. Sweta Kakkad, Adv. Mr. Sarvesh Singh, Adv. JUDGMENT 1. Leave granted. The Appellant is aggrieved by the decision of the Delhi High Court dated 1.9.2015 in F.A.O.(OS) No. 436 of 2015 refusing to condone a period....

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....th the organisation, such as the Northern Railway, that took time in arranging even the small things. Mr. Amarjeet Singh Chandiok, learned Senior Counsel appearing for the Respondent submitted that Section 34(3) of the Act bars re-filing beyond the period stipulated therein. The said sub-section reads as follows: 34. (3) An application for setting aside may not be made after three months ....

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....d particular time is granted by the Deputy Registrar, it shall be considered as fresh institution. If this Rule is strictly applied in this case, it would mean that any re-filing beyond 7 days would be a fresh institution. However, it is a matter of record that 5 extensions were given beyond 7 days. Undoubtedly, at the end of the extensions, it would amount to re-filing. 3. We are not inclined ....