Calcutta High Court (Appellete Side)
Rocket Murmu vs Mr. Khairul Alam & Anr on 23 February, 2022
23.02.2022
SL No.7
Court No.8
(gc)
FMAT 176 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Rocket Murmu
Vs.
Mr. Khairul Alam & Anr.
(Via Video Conference)
Mr. Soujanya Bandyopadhyay,
...for the Appellant.
The affidavit of service filed by the appellant in Court
today is taken on record.
In spite of notice, the respondents are not represented
nor any accommodation is prayed for on their behalf.
Moreover, the respondents in spite of notice have not
appeared to contest the proceeding and in such a
situation, we have to proceed on the basis of the materials
on record and assume that the respondents have no
objection in the event the application for condonation of
delay is allowed.
Re: CAN 1 of 2021
This is an application for condonation of delay. The
appellant is aggrieved by the order of the Tribunal dated
19th July, 2018 as it was the contention of the appellant
that on the basis of the evidence, the appellant is entitled
to 100% compensation and not 85% as determined by the
learned Tribunal on the basis of the judgment of Pratap
Narain Singh Deo Vs. Srinivas Sabata & Anr. reported
in (1976) 1 SCC 289.
In the application for condonation of delay, financial
disability, mental and physical health condition of the
appellant were cited as grounds for not being able to
approach this Court within the period of limitation. In a
matter of this kind where a person has suffered
substantial disability, it can be presumed that unless
there are genuine reason, a person would not delay in
approaching the Court since the delay is likely to cause
more harm and prejudice to his available legal right and
for that reason, the Courts generally do not take a
pedantic view of the matter and in an appropriate case
consider such application liberally to do substantial
justice.
Under such consideration, the application for
condonation of delay of 883 days is allowed.
Accordingly, the applications being CAN 1 of 2021 and
CAN 2 of 2021 stand disposed of.
The department is directed to register the appeal if it
is otherwise in form and order.
Re: FMAT 176 of 2021
After hearing the learned Counsel for the appellant, we
are of the view there are elements of settlement that can
be explored by the parties in Lok Adalat and in view of the
fact that the next Lok Adalat shall be held on 12th March,
2022, we direct the parties to appear before the Lok Adalat
organized by the Calcutta High Court Legal Services
Committee and render all assistance to the Bench to
dispose of the matter amicably.
The department is directed to communicate this order
along with the file to the Secretary, Calcutta High Court
Legal Services Committee for doing the needful.
The Secretary, Calcutta High Court Legal Services
Committee is directed to immediately communicate this
order to the respondents for compliance.
In addition to the aforesaid, the appellant shall also
communicate this order to the respondents.
(Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)
