ORDER NO. 5 DT. 14.12.10

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Appellant through Mr. P.Banerjee, Ld. Advocate.  Mr. M.M.Ganguly and Mr. Samir Saha, Ld. Advocates appearing on behalf of Respondent Nos. 1 & 2 respectively, file vokalatnamas. 

This Appeal has been filed out of time by about 450 days.  The OP No. 1 in the complaint case is the sole Appellant.  The impugned judgement was passed on 30.4.09.  The certified copy was obtained by the husband of the sole Appellant on 4.5.09.  It has been stated in the above application that the Appellant became sick and was under treatment from 15.5.09 till 20.8.09.  In course of hearing of the above application it has been submitted that the husband of the Appellant used to look after the case on behalf of the Appellant and in fact, the aforesaid certified copy was collected by her husband on 4.5.09.  If that be so, no reason has been given as to why the above Appeal was not filed after the certified copy was obtained on 4.5.09 when the husband of the Appellant was fit and capable of doing normal work.  Further, it has been stated that the said Appeal could not be filed after 20.8.09 as her husband fell sick and was under treatment from 7.9.09 to 3.1.10.  During the aforesaid period from 7.9.09 to 3.1.10 the Appellant was hail and hearty and no reason has been given as to why the above Appeal had not been filed after 20.8.09.  The reasons as given in the above application for filing the Appeal after expiry of about 7 months from 3.1.10 also are not relevant for the purpose of condonation of delay in filing the above Appeal before this Commission.  Hence, we are not satisfied with the plea of the Appellant that she was prevented by sufficient cause from preferring this Appeal within the prescribed period of limitation.  The delay in filing the Appeal is accordingly not condoned.  The application is dismissed.  The Appeal shall stand dismissed as barred by limitation.