Hon’ble Mr. Kamal De, Presiding Member

Order No. : 05

Date : 09.12.2020

Parties file hazirah.

Appellant files a petition praying for time for deferring the IA and subsequently it is  “ not pressed”. The petition for time is rejected being not pressed.

The IA/19/2020 is taken up for hearing.

The instant IA relates to an application for condonation of delay. It appears that there is a delay of 62 days to file the present Appeal beyond the statutory period of 30 days.

It is stated by the appellant that the delay of 62 days is totally unintentional as the office of the appellant entrusted the present advocate for drafting and filing of the Appeal. But the Ld. Lawyer was delayed in filing the Appeal.

It is stated that no free copy of the impugned judgement was also supplied upon the appellant – OP from the Ld. Forum and the appellant was totally ignorant about the proceeding and passing of the order passed in the Lower forum.

Ld. Lawyer for the respondent opposes the petition for condonation of delay and submits that the delay was intentional and it could not be condoned.

We find that the Ld. Forum passed ex-parte judgement and order on 19.11.2019 but no free copy was supplied to the appellant – OP from the Ld. Forum below and there was a delay of 62 days in filing the present Appeal.

Be that as it may, considering the facts and circumstances and having regard to the materials on record, we feel inclined to allow the petition for condonation of delay with some examplanery cost.

Hence,

                                    ordered

That the instant IA case being No. IA/19/2020 is allowed on contest with cost of Rs. 3000/- (Rupees Three Thousand only) to be paid by the appellant in favour of the respondent.

Fix 06.01.2021 for payment of cost.

The instant IA is thus disposed of accordingly.