Citation : 2023 Latest Caselaw 4669 Cal
Judgement Date : 2 August, 2023
Ct.
No. 02.8 S.A.T. 337 of 2014
652 2023 Sardear Ghati @ Sardoba Khatik
-Versus-
206 Narayan Trust Fund & Anr.
akb
Mr. Partha Pratim Roy
Mr. Soumojyoti Sen
Mr. Indrani Nandi ...For the Appellant
Mr. Debjit Mukherjee
Ms. Susmita Chatterjee ...For the Respondents
Re.: IA. No. CAN 1 of 2014 (Old No. CAN 8071 of 2018.
This is an application under Section 5 of the Limitation for condonation of delay in filing the instant appeal.
The appellant submits that the delay was caused as he could not collect the certified copy of the judgment and decree in time.
Learned Counsel appearing on behalf of the opposite parties raised vehement objection.
Having considered the facts and circumstances of the case and the submissions made by both the parties, the delay in filing the second appeal is condoned subject to payment of Rs. 5,000/- to be paid by the appellant to the respondents/opposite parties within a period of two weeks from the date of communication of this order. On such payment being made the delay will be condoned.
Let the matter appear three weeks hence before the appropriate Bench.
Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of necessary formalities.
( Ajoy Kumar Mukherjee, J.)
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