Hon'ble Mr. Kamal De, Presiding Member 

Order No. 07

Date : 17.12.2021

Parties are present through their respective Ld. Lawyers.

The instant IA/8/2021 is taken up for hearing.

Heard Ld. Lawyer of respective sides. Considered.

The instant IA Case is related to an application for condonation of delay.

In filing the IA, it is stated by the appellant/petitioner that the impugned order was passed by the Ld. Forum below on 10.11.2020. The appellant visited the Ld. Advocate, thereafter, obtained certified copy on 24.11.2020.

The conducting Advocate made some delay in handing over the entire case papers to the petitioner and, thereafter, the appellant engaged the present Advocate on 09.12.2020 and in the process there was some delay in filing the Appeal and there has been a delay of 56 days in preferring the instant Appeal.

The appellant has prayed for condonation of delay.

Both the respondents have filed separate written objections against the application for condonation of delay and have stated that the application for condonation of delay is not maintainable in law and the statement regarding delay is not satisfactory and as such the application for condonation of delay is liable to be dismissed.

Perused the case record, we find that the impugned order was passed by the Ld. Forum below on 10.11.2020 and the appellant applying for certified copy on 24.11.2020 and received the same on the self-same date i.e. 24.11.2020. Thereafter, they filed the instant Appeal on 03.03.2021.

There has been a delay of 67 days.

The ground for delay as we find is change of Lawyer.

Bearing in mind, the observations of Hon’ble Supreme Court of India in S.S. Group Pvt. Ltd. VS Aaditiya J. Garg (SC) and SUO MOTO WRIT PETITION (CIVIL) Nos. 3/2020], and having regard to the materials on record, we feel inclined to allow the IA Case.

Hence,            

                                                            ORDERED

That the instant IA/8/2021 is allowed on contest.

No order as to cost