HON’BLE MR. SUDEB MITRA, PRESIDING MEMBER
Order No. : 07
Date : 06.12.2024
Feeling aggrieved by and dissatisfied with the order passed on 29.01.2024 by the Ld. DCDRC, Bankura in CC/44/2017 on contest, t. The complainant of the said CC/44/2017 Nabanita Biswas has preferred A/30/2024 dated 15.04.2024 seeking setting aside of the impunged judgement of CC/44/2017, passed on contest on 29.01.2024 by the concerned Ld. DCDRC, Bankura.
It has been transpiring from the case record that since the instant Appeal No. A/30/2024 dated 15.04.2024 was filed against the judgement of CC/44/2017 dated 29.01.2024, so, taking into consideration that as the CC/44/2017 was filed on 17.05.2017 before the concerned Ld. DCDRC, Bankura, so the Appeal against the judgement of CC/44/2017 dated 29.01.2024 should have been preferred within 1 month from 29.01.2024 i.e. by 28.02.2024 and as that could not be filed, as stipulated by the complainant of CC/44/2017 Nabanita Biswas so by filing the instant IA/64/2024 dated 25.04.2024, Nabanita Biswas has prayed for condonation of her delay in preferring the instant Appeal No. A/30/2024 dated 15.04.2024. So that she may get scope to assail the impugned judgement of CC/44/2017 dated 29.01.2024 for the purpose of setting the impugned judgement of CC/44/2017 dated 29.01.2024, aside in her favour.
To justify the reasons that has caused such delay in filing the Appeal i.e. A/30/2024 dated 15.04.2024 on time, as stipulated statutorily, the appellant/applicant respectively i.e. Nabanita Biswas has contended that she had undergone prolonged medical attention and treatment far away from this province for her survival and to come round and she could finally come back home, following her prolonged treatment outside this province, on 02.03.2024, as transpires from her instant petition dated 25.04.2024 in IA/64/2024.
It has also been agitated from the applicant’s end further that though her Ld. Counsel had taken all necessary steps require to file the Appeal A/30/2024 before this Commission yet as the Asansol Bar Association had resolved to abstain from working from 13.03.2024 to 14.04.2024 so, she could not get the scope the to prefer the Appeal A/30/2024 dated 15.04.2024 before this Commission on time as statutorily stipulated, for no fault of her own and for the reasons that were beyond her control. Assigning this reasons the Appellant/Applicants Nabanita BIswas has prayed for condonation of delay in preferring the Appeal so that she can contend in that Appeal and assail the impugned judgement of CC/44/2017 dated 29.01.2024, for setting that aside.
Heard the Ld. Counsel for the respondent side. Besides the Ld. Counsel for the applicant/appellant. Perused the case record. Considered.
Point for consideration
Now it is to be determined as to whether the instant IA deserves to be entertained as prayed for by the applicant/appellant Nabanita Biswas who happens to be the complainant of the CC/44/2017 that was filed on 17.05.2017 before the Ld. DCDRC, Bankura.
Decision with reasons
It appears from the case record that the impugned judgement of CC/44/2017 dated 29.01.2024 that was intended to be assailed in this Appeal A/30/2024 so filed on 15.04.2024 was pronounced on contest by the concerned Ld. DCDRC, Bankura on 29.01.2024.
It is needless to reiterate that as the CC/44/2017 was filed on 17.05.2017 so in consonance with the scopes of the relevant provisions of Sec. 15 of C.P. Act of 1986, the Appeal must have been preferred against the impugned judgement of CC/44/2017 dated 29.01.2024 by 28.02.2024.
Here in this case, the Appeal (A/30/2024) dated 15.04.2024 could not be filed from the end of the complainant of CC/44/2017 Nabanita Biswas by 28.02.2024.
It transpires that instead of preferring the present Appeal against the judgement of CC/44/2017 pronounced on 29.01.2024 by 28.02.2024 the complainant of CC/44/2017 could only file the present Appeal A/30/2024 on 15.04.2024. The statutory time limit for filing this Appeal is 30 days in this Complaint Case in particular.
In this backdrop, there was clear delay of 46 days – 30 days statutory time limit for filing appeal is reduced to 16 days only. Besides it is a fact that there was abstention of the Ld. Counsels belonging to Asansol Bar Association as per resolution in respect of their participation in the dispensation of the judgement at Asansol District Court besides this Commission from 13.03.2024 to 14.04.2024. That was indeed an imposing factor prevented the complainant – Appellant Nabanit Biswas from preferring her Appeal A/30/2024 against the judgement of CC/44/2017 dated 29.01.2024, on time.
Considering all the factors, having regard to the factual matrix as stated in this IA assigning reasons for sustaining delay in preferring the Appeal A/30/2024 on time against the judgement of CC/44/2017 dated 29.01.2024, in the absence of any cogent evidence to the contrary, I feel inclined to hold that the instant IA (IA/64/2024) deserves to be allowed. Besides, since there should be liberal, pragmatic, justice – oriented, non-pedantic approach while dealing with application for condonation of delay and since substantial justice being paramount and potential, the technical consideration should not be given undue and uncalled for emphasis, I find that the instant IA deserves to be allowed for the ends of justice.
Accordingly, it is
ORDERED
That the instant IA (IA/64/2023) is allowed on merit but without cost.
Accordingly, to 29.01.2025 is fixed for hearing of the Appeal (A/30/2024), dated 15.04.2024 preferred by the Appellant/Applicant, namely, Nabanita Biswas against the impugned judgement passed vide order No. 46 dated 29.01.2024, in CC/44/2017 by the Ld. Concerned DCDRC, Bankura.
Both the contesting parties of CC/44/2017 and the instant A/30/2024 and the Instant IA/64/2024 as well must come ready on the date fixed before this Commission for hearing of the instant Appeal.
Accordingly, this IA is thus disposed off.
Free copies of this order be supplied to the contesting parties of this IA as per Rules and Regulations, forthwith.
