Calcutta High Court (Appellete Side)
Rita Devi Barnwal & Anr vs Union Of India on 4 December, 2023
IN THE HIGH COURT AT CALUTTA
Civil Appellate Jurisdiction
04.12.2023
SL No.18
Court No. 551
Ali
FMAT (IR) 15 of 2023
With
IA No.:CAN/1/2023
Rita Devi Barnwal & Anr.
Vs.
Union of India
Ms. Oindrila Sinha,
Mr. Manas Dutta Chowdhury
....for the appellants.
Mr. Soumak Bera,
Ms. Tanushree Ghosh
.......... for the Union of India.
Affidavit of service filed on behalf of the
appellant is taken on record.
In Re.: CAN 1 of 2023
The Union of India is represented through
learned advocate Mr. Soumak Bera.
The learned advocate for the appellant
submits that this is an application under Section 5
of Limitation Act for condonation of delay of 826
days in preferring the instant appeal. She submits
that there are the grounds mentioned in the
application itself are sufficient. Due to the Covid
Pandemic, the claimant could not contact with the
learned advocate. Accordingly, there is delay. She
further submits that the claimants are residing far
from the Calcutta. So they could not contact the
learned advocate in time. Accordingly, the delay as
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explained in the application itself is sufficient so it
need be condoned.
Learned advocate on behalf of the Union of
India raised strong objection and submits that the
day to day explanation was not there. Moreover, the
impugned order was passed on 21st of January,
2021 i.e. after the Covid Pandemic. She further
submits that the grounds as mentioned in the
application itself are not justified according to the
law. He prayed for rejection of instant CAN
application. He further submits that on perusing the
impugned judgment itself it would be revealed that
the claimant could not produce sufficient materials
before the learned tribunal and there are many
defects to entertain their claim. Accordingly, the
instant appeal cannot be sustained by virtue of the
impugned judgment passed by the learned tribunal.
Heard the learned advocate perused the
materials on record. It appears that the instant
application was filed for condonation of delay of 826
days.
The instant appeal is preferred against the
judgment and award passed by the Railway Tribunal
on 21st of January, 2021. The ground mentioned in
the body of the application itself suggests that the
claimants were prevented to contact the learned
advocate due to the Covid pandemic. We cannot
deny the fact and impact of Covid. The Covid
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pandemic has suffered immense both the physical,
mental and financial State of affairs of every persons
in the world. So at this juncture, I think it necessary
that for the proper determination of the instant
appeal. The appeal need be admitted.
Accordingly, the application being CAN 1 of
2023 is considered and allowed. The delay in
preferring the instant appeal of 826 days is herby
condoned.
Appeal is formally admitted.
Learned advocate for the Railway has
already made their appearance so the notice of
appeal upon the respondent is dispensed with.
Call for the LCR.
The learned advocate for the appellant
submits that she may be directed to deposit the
special messenger cost so that the LCR may be
produced before this court in a very short period.
Accordingly, the appellant is directed to deposit the
special messenger cost with the department within a
week. On such deposit the department shall take
effective steps so that the LCR may reach to this
court by the last week of December.
After receiving such LCR a notice of LCR has
to be served upon the learned advocate for the
appellant within seven days. On receiving such
notice the learned advocate for the appellant is
directed to prepare requisite number of paper books
containing pleadings and proofs both oral and
documentary of LCR and serve a copy of the same to
the learned advocate for the respondent.
Let the matter appear under the heading of
"Hearing" on 17th January, 2024.
Accordingly, CAN 1 of 2023 is disposed of.
(Subhendu Samanta, J.)
