Moumi Das vs Avijit Das
2021 Latest Caselaw 1947 Cal

15.03.2021
    21
 ns Ct.04
                                    F.A.T. 327 of 2020
                                            With
                                    I.A. CAN 1 of 2020
                                            With
                                     I.A. CAN 2 of 2020

                                      Moumi Das
                                            Vs.
                                      Avijit Das


              Mr. Tapas Kumar Manna                .... For appellant.

              Mr. Dyutimay Pal
              Mr. Anjan Ganjan                     .... For respondent.

Re: I.A. CAN 1 of 2020

Mr. Manna, learned advocate appears on

behalf of applicant. He submits, the application is for

condonation of delay in filing the appeal. He submits, the

delay is of 165 days but we notice from the report, delay is

296 days. He submits further, his client sought to conduct

steps being taken for filing the appeal, from Faridabad.

There was communication and other delays. Other defects,

of deficit Court fee and filing certified copy of impugned

judgment and decree, have been removed. He prays for

condonation of the delay.

Mr. Pal, learned advocate appears on behalf of

respondent / husband and submits, there is no

explanation for the period between 13th December, 2019

and March, 2020 when lockdown happened.

We have considered the causes shown for the

delay and objection thereto. We are inclined to accept the

explanation. We condone the delay. CAN 1 of 2020 is

disposed of.

Re: I.A. CAN 2 of 2020

The next application is for maintenance

pendente lite. Mr. Pal prays for directions. He submits, as

declared by Supreme Court, parties must disclose their

respective information by affidavit. Direction should be for

exchanging affidavits.

Copies of affidavits must be exchanged by 1 st

April, 2021. List the application on 5th April, 2021.

(Arindam Sinha, J.)

(Suvra Ghosh, J.)