HON’BLE MR. SUDEB MITRA, PRESIDING MEMBER

Order No. : 08

Date : 22.11.2024   

    Feeling aggrieved by and dissatisfied with the order No. 36 dated 19.12.2023 in CC/14/2018 disposed off on contest by the Ld. DCDRC, Bankura, without cost, the OP side of the said CC/14/2018 has preferred the Appeal A/14/2024 dated 08.02.2024 before this Commission, praying for setting aside the impugned judgement dated 19.12.2023 passed in CC/14/2018 by the concerned Ld. DCDRC.

   It appears from the materials on record that by filing instant IA/27/2024 dated 20.02.2024 before this Commission, the applicants/appellants i.e. the OPs of CC/14/2018 Arun Kumar Kundu, Swapan Kumar Kundu and Abhijit Kundu have prayed for condonation of delay in preferring the Appeal A/14/2024 against the impugned judgement of CC/14/2018, on time since there were unaware of the fact that the Appeal and the instant IA should have been filed firstly through Online as mandatorily stipulated for that purpose. 

    It has also been contended from their end that though the Appellants/Applicants have appeared before this Commission on 17.01.2024 with hard copies, relied upon them, for filing Appeal (A/14/2024) against the judgement of CC/14/2018 on time by 18.01.2024 since the judgement of complaint case was pronounced on 19.12.2023 but due to technical glitches the Appeal could not be filed either on 17.01.2024 or on 18.01.2024 from their end before this Commission, having regard to the fact that it is the stipulation as per scopes of C.P. Act of 1986 that against the judgement of CC/14/2018 dated 19.12.2023, the Appeal must have been filed/registered/preferred by 18.01.2024 i.e. within 30 days from 19.12.2023, the Appeal against the judgement of CC/14/2018 dated 19.12.2023 should have been filed as stipulated as per scopes of Sec. 15 of C.P. Act of 1986.

    By filing this IA the Appellants have contended that as they had delay of 21 days in filing this Appeal on time against the judgement of CC/14/2018dated 19.12.2023, so they have filed this IA/27/2024 dated 20.02.2024 praying for condonation of delay of 21 days in filing this Appeal.

Point for consideration

      It is now to be ascertained as to whether the instant IA (IA/27/2024) filed by the Appellant of A/14/2024 deserves to be allowed or not.

Decision with reasons

    It is needless to reiterate that CC/14/2018 was field on 16.02.2018 before this Ld. DCDRC, Bankura. It was disposed off on contest but without cost against the OPs of CC/14/2018 on 19.12.2023.

    Accordingly, this Appeal should have been filed by the OPs of CC/14/2018 by 18.01.2024 as per scopes of Sec. 15 of C.P. Act of 1986. Here in this case, instead of preferring the Appeal (A/14/2024) dated 08.02.2024 by 18.01.2024 the OPs of CC/14/2018, Arun Kumar Kundu and 2 others have filed this Appeal on 08.02.2024 so there was delay of 21 days beyond the stipulated time span, fixed for preferring Appeal against the judgement of CC/14/2018 dated 19.12.2023, as found from the case record and material particulars furnished from the end of Applicants/Appellants.

    Considering the submissions of both sides, recriminations of  the contesting parties of this IA, I find that the Applicants are contending that for technical glitchs faced by them in filing the Appeal through online facility, they could not prefer the Appeal A/14/2024 on time.

    Taking into consideration that their appears no basis for holding that there was deliberate causation of delay or perpetration of intentional negligence on the part of the applicants/appellants in filing the Appeal on time and taking into consideration that the claim of the appellants/applicants that there were technical glitches that had prevented them from preferring the Appeal on time and taking into consideration that this particular claim of the applicants/appellants remained irrefutated from the end of the contesting respondent of this IA and Appeal and in the absence of any cogent reason to hold that the grounds assigned by the applicants/appellants for causation of delay in filing the Appeal on time were baseless or the same were  within the control of the applicants/appellants to be avoided, I feel inclined to hold that the instant prayer of the Applicant/Appellant side, seeking condonation of delay in preferring the Appeal A/14/2024 deserves to be allowed on contest, having regard to the fact that substantial justice, being paramount and pivotal, the technical consideration should not be given undue and uncalled for emphasis. Accordingly, this IA (IA/27/2024 dated 20.02.2024) deserves to be allowed.

Hence, it is

                                    ORDERED

That this IA/27/2024 dated 20.02.2024is allowed on contest but without cost. In the premises  27.01.2025 is fixed for hearing of OP’s Appeal (A/14/2024).

Contesting parties all must come ready on the date fixed.

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