Suchitra Roy vs Union Of India
2023 Latest Caselaw 1094 Cal

09.02.2023                  IN THE HIGH COURT AT CALCUTTA
 (sanjay)
Ct no. 654
                             CIVIL APPELLATE JURISDICTION
  Sl. 23                            APPELLATE SIDE

                                  FMAT 268 of 2020
                                    Suchitra Roy
                                         Vs.
                                    Union of India

                    Mr. Sandip Bandyopadhyay,
                    Mr. Jayanta Banerjee      ...for the appellant.

                                   CAN 01 of 2023 (Sec.5)


                       This is an application under Section 5 of the

             Limitation Act for condonation of delay in preferring the

             appeal.


                             Affidavit of service filed on behalf of the

             appellant/claimant is taken on record.


                         Mr. Bandyopadhyay, learned advocate for the

             appellant/claimant submits that there has been delay of

             74 days in preferring the appeal due to financial

             stringency.


                         Affidavit of service shows that the copy of the

             application has been served upon the respondent/Union

of India.

The application for condonation of delay is taken up

for consideration. As per the report of the Additional

Stamp Reporter dated 21.12.2020 there is delay of 74

days in preferring the appeal. It is contended that due to

mental pain and agony the appellant could not prefer the

appeal within the statutory period. Cause shown is

sufficient to condone the delay. Accordingly, the delay of

74 days in preferring the appeal stands condoned.

The application being CAN 1 of 2023 stands

allowed.

The appeal is formally admitted and registered.

FMAT 268 of 2020

This appeal is preferred against the judgment and

award dated 02.08.2019 passed by the Railway Claims

Tribunal, Kolkata Bench in Case No. OA (IIu)/KOL/2017/

0202.

Call for the Lower Court's Records.

Mr. Bandyopadhyay, learned advocate for the

appellant/ claimant submits that his client is ready and

willing to deposit Special Messenger's Cost. Accordingly,

the appellant/claimant is directed to deposit Special

Messenger's Cost for bringing the Lower Court's Records

from the concerned learned Tribunal within a period of

two weeks from date.

The appellant/claimant is also directed to deposit

Talabana along with written up notice forms for causing

service of notice of appeal upon the respondent/Union of

India.

The department is directed to take steps for

bringing the Lower Court's Records from the learned

Tribunal within two weeks of deposit of Special

Messenger's Cost. Upon receipt of the Lower Court's

Records, the office shall examine the same and if it is

found to be complete and in order the department shall

serve notice of arrival of records upon the learned

advocate for the appellant/claimant. Learned advocate for

the appellant/claimant on receipt of notice of arrival of

records shall prepare 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 a period

of four weeks from date of service of notice of arrival of

Lower Court's Records.

Let the matter go out of list for the time being with

liberty to mention.

(Bivas Pattanayak, J.)