“Lackadaisical Attitude”: Madras High Court Imposes Cost On Sports Development Authority For Delay In Filing Applications To Set Aside Ex-Parte Order

However, considering the lackadaisical attitude in which the authorities of the petitioner has conducted, I feel that a cost of Rs.5000/- (Five Thousand only) be imposed on the petitioner to be paid to the Tamil Nadu State Legal Service Authority, as a condition to condone the delay. The costs shall be paid within a period of four weeks from the date of receipt of a copy of this order. Further I direct the recovery of the same from the officers concerned who were not diligent in conducting the case.

Justice K Kumaresh Babu was hearing the revision petition filed by Sports Development Authority.

SDA had developed a sports arena for hockey, matching international standards. When it decided to build hostel facilities for lodging the players during matches, the same was challenged by the respondents claiming easementary rights. The respondents had claimed that such construction would affect the air and light which they had been enjoying for a long time. After obtaining the decree, the respondents sought to execute the same. In the execution proceedings, the petitioners were set ex parte as no representation was made or counter filed.

The petitioners contended that after coming to know that they were set ex parte before the Executing court, they filed an application for condoning the delay. Since there was a delay of three days, they also filed an application for condoning the delay. The court however, refused to allow the same. thus, they sought for setting aside the refusal.

The respondents however contended that there was no provision to condone the delay in an execution proceeding and as such the application itself was not maintainable. They also submitted that SDA had already been set ex parte in the main suit. It was also pointed out that while refusing to condone the delay, the Executing court had noted that the application had been filed in a very casual and lethargic manner.

With respect to the question of provision of law, the court held that even after amendments to the CPC, the courts still had power to entertain applications for condonation of delay even though the same had not been specifically provided for.

The court also noted that in the present case, the building sought to be constructed was for the development of sports, which was one of the directive principles of State policy enshrined in the constitution. Thus, in the interest of public at large, the court thought it fit to condone the delay in filing of an application to set aside the ex parte decree.

Further, noting that the whole issue occurred due to the lackadaisical attitude of the Authorities who had been in charge of the authority, the court deemed it fit to impose a cost on the officers.

Case Title: The Sports Development Authority v. The Tamil Radhesoami Satsang Association