Hasim @ Hasim Ansari & Another vs New India Assurance Co. Ltd. & ...
2023 Latest Caselaw 880 Cal

02.02.2023
 rpan/02
                              FMAT 483 of 2020
                                      +
                             IA No.: CAN 1 of 2021
                      Hasim @ Hasim Ansari & Another
                                   - Versus -
                    New India Assurance Co. Ltd. & Another


                   Mr. Sk. Abu Abbas Uddin,
                   Ms. Nahid Rahman
                               ... for the Appellants.


                            In Re.: IA No.: CAN 1 of 2021

                   Affidavit of service filed on behalf of the appellants

             be kept on record.

                   This application has been taken out praying for

             condonation of delay in preferring the instant appeal. The

             judgment and award impugned herein was passed on 24 th

             December, 2019 and this appeal was preferred on 18 th

             November, 2020.

                   The learned advocate representing the appellants

             submits that the period of delay is intervened by the

             Covid -19 pandemic and he relied on the order passed by

             the Hon'ble Supreme Court in SMW (C) 3 of 2020 on 27 th

             April, 2021.

                   Upon hearing the learned advocate and on studied

             scrutiny of the pleadings and materials on record, I do

             not find any material to hold that explanation smacks of

             mala fides and there is also no materials to lead me to

             infer that appellant resorted to dilatory tactics       and

             hence, I am satisfied with the explanation given towards
                               2




delay in preferring the present appeal and consequently ,

the delay is condoned.

      The application for condonation of delay, being IA

No.: IA No.: CAN 1 of 2021, is disposed of.

      Requisites for service of notice of appeal on the

respondents be put in within a week from date.

Let the lower court records be called for at once. As

soon as the lower court records arrive, office shall

examine the same and if found complete, it shall serve

notice of arrival of the lower court records upon Mr. Sk.

Abu Abbas Uddin, who undertakes to file requisite

numbers of informal paper books - printed, typewritten or

cyclostyled, incorporating all papers used before the

tribunal within four weeks thereafter.

If requisites are not put in within the time frame as

above, put up the appeal under the heading 'For Orders'

(Lawazima).

As soon as the paper books are filed, the parties

shall be at liberty to mention the appeal for hearing.

The appellants are directed to communicate this

order immediately to the respondents.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties, upon compliance of

all requisite formalities.

(Partha Sarathi Chatterjee, J.)