08/04/16

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

             This order relates to hearing on the petition for condonation of delay of 125 days in filing this Appeal.

            It has been stated in the petition for condonation of delay that the Learned District Forum passed the judgment on 29/09/14 and the copy of the order has been served on 08/01/15.  Thereafter the Complainant felt seriously ill.  For such reason the Appeal could not be filed within the stipulated time. 

            It has been submitted by the Learned Counsel for the Appellant that the Appellant fell ill and for such reason the delay occurred in filing this Appeal.  It is contended that the delay was not intentional and it should be condoned in the interest of justice. 

            The Learned Counsel for the Respondent opposed the petition and submitted that the delay has not been sufficiently explained.

            We have heard the submission made by both sides and perused the papers on record.  The Learned District Forum delivered the judgment on 29/09/14 and the Appellant applied for certified copy on 26/12/14.  It is the case of the Appellant that he fell ill and for such reason the delay occurred.  It appears that no medical certificate or prescription has been filed in support of such contention of the Appellant.  Under such circumstances, we are of the considered view that the delay has not been sufficiently explained. 

            The petition for condonation of delay is rejected.  Consequently, the Appeal being time barred also stands dismissed.