This case record is taken up for consideration for passing order in respect of petition filed by complainant/ applicant in the matter of condonation of delay for filing of this complaint case no. 44 of 2023.

This matter has been contested by ops.

Heard both sides. Considered submission.

It is the main point of contention and argument on the part of the complainant/ applicant side that the C.C. case no. 44 of 2023 has been filed in view of the judgement passed by Hon’ble State Commission in First Appeal no. A/883/2019 dt. 9.11.2023. As per submission of the ld. Advocate of the complainant/ applicant this case has been filed within time and so there is no delay.

On the other hand, ops have contested this case but have not filed any W/O against the petition filed by the complainant u/s 5 of the Limitation Act. It is the main point of contention of the ops that C.C. case no. 44 of 2023 has been filed at first and thereafter the complainant has prayed for condonation of delay which cannot be allowed.

After going through the materials of this case record of M.A. case no. 34 of 2023 and of the case record of C.C. case no. 44 of 2023 it appears that the Hon’ble State Commission has been pleased to deliver judgement in the above noted appeal and has been pleased to give liberty to the complainant to file this compliant case (C.C. 44 of 2023) within 15 days from the date of passing judgement by the Hon’ble State Commission. It appears that the complainant/ applicant has filed the above noted C.C. case no. 44 of 2023 within 15 days from the date of passing judgement in appeal no. A/883/2019. So, there is no delay in the matter of filing C.C. case no. 44 of 2023.

In the result,

It is accordingly,

ordered

that this M.A. case no. 34 of 2023 is allowed on contest.

As there is no delay in filing of the complaint case no. 44 of 2023 there is no necessity of condonation of delay.

Thus, this M.A. case is disposed of.

Let this case record of M.A. 34 of 2023 be tagged with the C.C. case no. 44 of 2023.