Smt. Basanti Sen vs Kalicharan Dutta & Ors
2021 Latest Caselaw 4519 Cal

21,DL,Ct.18
 06.09.2021
     AJ.
                                 S.A.T. 470 of 2015
              I.A. No.: C.A.N. 1 of 2016 (Old C.A.N. 9914 of 2016)
                                (Via Video Conference)

                                Smt. Basanti Sen
                                       -Vs-
                             Kalicharan Dutta & Ors.

                 Mr. S.T. Mina,
                 Mr. Sudip Pal Chaudhury,
                                ......for the appellant/
                                    petitioner.

                      C.A.N. 1 of 2016 (Old C.A.N. 9914 of 2016)


                      Affidavit of service filed in Court today be

              kept on record. In spite of service None appears

              on behalf of the respondents/opposite parties to

oppose the application.

This is an application for condonation of

delay of 150 days in filing the present second

appeal.

The petitioner in the said application has

stated that due to her illness immediate steps

could not be taken for obtaining the certified copy

of the judgment and decree of the appeal Court

below which caused the initial delay and

thereafter due to illness of the learned advocate

engaged by her in this Court, the appeal could

not be filed even after obtaining the said certified

copy within the stipulated period of limitation.

The explanation offered to justify the delay

is satisfactory as such the delay of 150 days in

preferring the instant Second Appeal is condoned.

S.A.T. 470 of 2015 be registered.

C.A.N. 9914 of 2016 is thus disposed of

without any order for costs.

Urgent photostat certified copy of this

order, if applied for, be supplied to the parties

subject to compliance with all requisite

formalities.

(Biswajit Basu, J.)