HON’BLE MR. SUDEB MITRA, PRESIDING MEMBER

Order No. : 08

Date : 22.11.2024   

    Feeling aggrieved by and dissatisfied with the judgement of CC/13/2018, pronounced by the Ld. DCDRC., Bankura on contest on 19.12.2023 but without cost the OPs of CC/13/2018 so filed on 16.02.2018, have preferred the Appeal No. 13/2024 dated 03.02.2024 praying for setting aside the judgement of CC/13/2018 dated 19.12.2023 on the grounds, so contained in the MOA of A/13/2024 dated 03.02.2024 filed before the Ld. SCDRC, Asansol Circuit Bench.

    It appears from the available materials on record that by filing this IA/28/2024 dated 20.02.2024, the Appellants of A/13/2024 i.e. the OPs of CC/13/2018 have filed this Application (IA/28/2024), praying for condonation of delay of filing A/13/2024 beyond the stipulated period of 30 days starting from 19.12.2023 i.e. the date of pronouncement of judgement of CC/13/2018, since instead of filing the Appeal A/13/2024 by 18.01.2024 i.e. within 30 days from 19.12.2023 on which date judgement of CC/13/2018 was pronounced on contest by the Ld. DCDRC, Bankura, this Appeal A/13/2024 was filed on 03.02.2024.

   It has been contended by the appellant/applicant side that the appellant/applicant side had attended SCDRC at Asansol on 17.01.2024 with hard copy for filing Appeal but there the Applicant/Appellant side of this IA/28/2024 and A/13/2024 respectively could come to learn that the filing of Appeal firstly through online has become mandatory and though the Appellant/Applicant side had rushed to a nearby cyber café on 17.01.2024 for filing Appeal but due to some technical glitches  the same could not be completed and the same could only be completed on 03.02.2024 when the Appeal A/13/2024 could be filed to assail the impugned judgement of CC/13/2018 dated 19.11.2023, before the Ld. Appropriate forum, with a delay of 16 days from the stator time, fixed for the filing of Appeal.

   By filing the instant IA (IA/28/2024) the applicants/appellants of A/13/2024 have prayed for condonation of delay of 16 days in filing A/13/2024 on time.

Point for consideration

    Now it is to be ascertained whether the instant application (IA/28/2024 dated 20.02.2024) of the appellant side of A/13/2024 i.e. OPs of CC/13/2018, seeking codonation of delay in filing the Appeal A/13/2024 deserves positive consideration or not.

Decision with reasons.

    It is forthcoming from the available materials on record submissions, recriminations of  the contesting parties of the IA/28/2024 that the CC/13/2018 was filed on 16.02.2018 by the complainant of the said complaint case Krishnendu Mukhopadhyay against the OPs Arun Kumar Kundu, Swapan Kumar and Abhijit Kundu, as per scopes of C.P. Act of 1986 and it was disposed of on contest on 19.12.2023 without cost against the OPs of CC/13/2018. So as per provisions of Sec. 15 of C.P. Act of 1986, that was governing the procedure of proceeding of CC/13/2018, the Appeal against the contested judgement of CC/13/2018 dated 19.12.2023 should have been filed within 30 (thirty) days from the date of pronouncement of judgement of CC/13/2018 dated 19.12.2023 i.e. by 18.01.2024.

    It appears from the case record that it took only a day for the procuring the certified copy of the contested judgement of CC/13/2018 dated 19.12.2018, before filing the Appeal before this Commission on 03.02.2024, against the impugned judgement of CC/13/2018.

    It has been contended that for technical glitches, the Appellant side of A/13/2024 could not file the Appeal within the stipulated time, fixed for filing the Appeal on time, as per statue against the impugned judgement of CC/13/2018.

    It is transpiring from the available materials on record, in the absence of any cogent evidence to the contrary, to refute the claim of the Appellant by which the applicant has been assigning the reasons that remained uncontrollable by the applicants for sustaining such delay of 2 weeks and some days in filing the Appeal on time and taking into consideration that there appears no basis for holding that there was deliberate causation of delay or there was negligence on the part of the applicants/appellant in filing Appeal on time a stipulated as per Sec. 15 of C.P. Act of 1986 and also taking into consideration that substantial justice being the paramount and pivotal, the technical consideration should not be given undue and uncalled for emphasis, I find that the instant prayer of the Appellant/Applicant side seeking condonation of delay in preferring A/13/2024 dated 03.02.2024 against the impugned judgement of CC/13/2018 passed by the Ld. DCDRC, Bankura on contest, deserves positive consideration.

    Accordingly, this IA/28/2024 deserves allowed on contest.

     Hence, it is

                                    ORDERED

    That this IA/28/2024 dated 20.02.2024 is allowed on contest but without cost. In the premises 27.01.2025 is fixed for hearing of OP’s Appeal (A/13/2024).

    Contesting parties all must come ready on the date fixed.

    Supply copy free of cost forthwith to the contesting parties of this IA.