ORDER NO. 1 DT. 27.7.09

HON’BLE MR. JUSTICE A.CHAKRABARTI, PRESIDENT

Ld. Advocate, Mr. P.Banerjee, has come forward in support of the application for condonation of delay.  It appears that the impugned order was passed on 7.2.08 and the record shows that the certified copy was applied for on 9.6.09 and it was delivered on 15.6.09 and the Appeal was filed on 6.7.09.  The explanation in respect of the delay in preferring the Appeal has been stated by the Appellant.  In Para-22 of the application for condonation of delay it has been stated by the Appellant that since the Appellant was under the impression that Citicorp Finance (India) Limited would take up the matter and would take all responsibility to contest the case filed by the complainant, the Appellant did not take any step before the Ld. District Forum at Barasat, North 24 Parganas.  We are of the opinion that this a glaring case of laches on the part of a party who presumes something and acts thereon without taking trouble of looking into the matter which is being proceded in a Forum.  The long delay has not been explained in any effective manner and the above explanation being an instance of negligence, we do not find any ground to condone the delay, particularly when the valueable right has since accrued in favour of the complainant with the passage of such a long time.  Accordingly, the application is dismissed.  The Appeal also stands accordingly dismissed.