Smt. Jhuma Chowdhury & Ors vs Union Of India
2022 Latest Caselaw 8317 Cal

14.12.2022
Sl. No. 59
Ct No. 654
     Ali


                      F.M.A.T. 1135 of 2017
               IA No: CAN/1/2018 (Old No.:CAN/7678/2018)

                           Smt. Jhuma Chowdhury & Ors.
                                  Vs
                            Union of India

                     Mr. Jayanta Banerjee
                     Mr. Sandip Bandyopadhyay
                     Ms. Ruxmini Basu Roy
                                 ....for the appellants-claimants.
                     Mr. Subrata Santra
                           ......for the respondent-Union of India.

Re: CAN 1 of 2018 (Old no. CAN 7678 of 2018)

This is an application for condonation of

delay under Section 5 of the Limitation Act in

preferring the appeal.

Mr Jayanta Banerjee, learned advocate for

appellants-claimants submits that due to financial

stringency there has been delay of 55 days in

preferring the appeal and he submits for

condonation of such delay.

Mr Subrata Santra, learned advocate for

respondent-Union of India opposes such prayer for

condonation of delay and submits that the delay has

not been sufficiently explained.

As per report of Stamp Reporter dated

8.11.2017 there is delay of 55 days in preferring the

appeal. It appears that due to paucity of funds the

appeal could not be preferred within the statutory

period of limitation. Bearing in mind the beneficial

piece of legislation and the cause shown, I am

inclined to condone the delay of 55 days in

preferring the appeal. Thus the delay of 55 days in

preferring the appeal stands condoned.

Accordingly, the application being CAN 1 of

2018 (Old no. CAN 7678 of 2018) is allowed and

disposed of.

The appeal is formally admitted and

registered.

FMAT 1135 of 2017

This appeal is directed against the judgment

and award dated 30th April, 2015 passed by Railway

Claims Tribunal, Kolkata Bench in Case no.

OA(IIU)/Kol/2012/0105 under Section 124A of the

Railways Act, 1989.

Call for the lower court records.

Department is directed to take effective steps

for bringing the lower court records from the learned

tribunal within a period of two weeks.

Upon receipt of the lower court records, the

office shall examine the same and if found to be

complete and in order shall serve notice of arrival of

lower court records upon learned advocate for the

appellants-claimants within a period of two weeks.

Upon receipt of notice of arrival learned

advocate for appellants-claimants shall prepare and

file three sets of informal paper books incorporating

all relevant papers and documents including

pleadings, both oral and documentary evidence in

printed, cyclostyled or typewritten form within the

period of four weeks from date of service of notice of

arrival of lower court records.

Since respondent-Union of India has already

entered appearance hence service of notice of appeal

upon the said respondent is dispensed with.

Matter to go out of list.

Liberty to mention.

(Bivas Pattanayak, J.)