SAT/404/2018
2021 Latest Caselaw 2051 Cal

10       17.03.2021
sd

Ct .9.                                      SAT 404 of 2018


                                Mr. N.P. Gupta
                                                    ..For the appellant/petitioner.


                                Re: CAN 2 of 2021

                                This an application for recalling of the order dated

                      18.01.2021 passed by this Court when the matter was

                      dismissed for default.

                                It is submitted that the learned advocate skipped

                      the list and failed to track the matter when the matter appear

                      on11.01.2021 and 18.01.2021 and hence failed to appear

                      before this Court at the time of hearing.

                                Having considered the submission of the learned

                      advocate for petitioner and for the ends of justice, the order of

                      dismissal dated 18.01.2021 is recalled and the same be

                      restored to its original file and number.

                                Thus CAN 2 of 2021 is disposed of.

                                Re: CAN 7697 of 2018

                                This is an application for condonation of delay in

                      preferring the appeal beyond the period of limitation under

                      section 5 of the Limitation Act.

                                A copy of this application has been served on the

                      respondent as per the track report of affidavit of service

which reflects that the item has been dispatched.

It is submitted that the petitioner obtained the

certified copy of the appellate court's decree and judgment on

08.06.2018. Subsequently, the appeal was filed on

19.09.2018. It is submitted that the petitioner was ill and

the doctor advised him for better treatment. So the petitioner

went to Mumbai on 20.08.2018 for better medical treatment

at Jaslok Hospital and admitted there on 24.08.2018.

Subsequently he was discharged on 25.08.2018. Therefore,

there was a delay of 17 days in preferring the instant appeal.

This Court finds that the explanation for delay has

been sufficiently offered. Accordingly, the delay of 17 days in

preferring the appeal is hereby condoned and the application

being CAN 7697 of 2018 is allowed and disposed of.

Let the matter be placed before the Hon'ble

appropriate Division Bench for hearing under Order 41 Rule

11 CPC.

(Shivakant Prasad, J. )