(Bijoyini Duttagupta & Anr vs Reliance General
2023 Latest Caselaw 1016 Cal

    11
07.02.2023
 Ct. No. 35
    rrc


                                  FMAT 504 of 2021
                                       with
                                IA No. CAN 1 of 2021
                  (Bijoyini Duttagupta & Anr. Vs Reliance General
                              Insurance Co. Ltd. & Anr.)



                  Mr. Saswata Bhattacharyya
                                          .... For the appellants



                  Affidavit-of-service filed by the appellants is kept on

              record. No one appears on behalf of the respondents in

spite of service.

Re: IA No. CAN 1 of 2021

This application is taken out praying for

condonation of delay in preferring this appeal.

Mr. Bhattacharyya, learned advocate appearing for

the appellants submits that due to sudden demise of

the husband of the appellant no. 1 who was sole bread

earner, her family plunged into penury and there was a

communication gap also and hence, there is a delay in

preferring the appeal. He submits that the office has

calculated that there is delay of 542 days but

deducting the period excluded by the Hon'ble Supreme

Court due to covid-19 pandemic, there shall be delay of

only 79 days.

He further submits that substantial questions of

facts and law have been raised in this appeal and

hence, appeal should be heard on merits and

consequently, delay should be condoned.

Heard the learned advocate. perused the

application and materials placed on record.

Judgment and/or award impugned was passed on

19.11.2019 and the present appeal has been preferred

on 19.8.2021 and hence , period of delay is intervened

by the period excluded by the Hon'ble Supreme Court

in SMW (C) 3 of 2020 on 27th April, 2021.

On studied scrutiny of the application and on

hearing the learned Advocate for appellants/applicants

I find that a good arguable case has been made out in

the present appeal and I do not find any material to

infer that the appellants/applicants resorted to dilatory

tactics and explanation given towards delay in

preferring the appeal is satisfactory and hence, the

delay is condoned and the application being CAN 1 of

2021 is, thus, disposed of.

Let the hearing of the appeal be expedited.

The appellants are directed to put in the requisites

for service of notice of appeal upon the respondents

within two weeks.

Lower Court Records be called for through Special

Messenger at the cost of the appellants. Such costs

shall be deposited within two weeks from date.

Immediately, after arrival of the Lower Court

Records, the office shall examine the same and, if

found complete, shall issue notice of arrival of Lower

Court Records to the learned advocate for the

appellants.

The appellants are directed to prepare 4 (four)

numbers of informal paper books-printed, typewritten

or cyclostyled, as the case may be, out of Court, within

four weeks from the date of service of notice of arrival

of Lower Court Records and to file the same after

serving a copy upon the learned advocate for the

respondents.

All formalities regarding preparation of paper

books are dispensed with but Mr. Bhattacharyya,

learned advocate for the appellants is directed to

incorporate all the relevant documents in the informal

paper books.

Liberty to mention after filing of paper books.

(Partha Sarathi Chatterjee, J.)