Smt. Sabitri Debnath And Others vs Smt. Putul Shil And Others
2023 Latest Caselaw 600 Tri

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                   IA No.01/2023 in MAC App. No.13 of 2023
Smt. Sabitri Debnath and others
                                                               .........Applicant(s)
                                      Versus
Smt. Putul Shil and others
                                                             .........Respondent(s)

For Applicant(s) : Mr. Suman Bhattacharjee, Advocate. For Respondent(s) : Mr. S.D. Choudhury, Advocate, Mr. K. Deb, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Order 08/08/2023

Heard Mr. Suman Bhattacharjee, learned counsel for the

applicants/appellants, Mr. S.D. Choudhury, learned counsel for the respondent

No.5 and Mr. K. Deb, learned counsel for respondents No.7.

The instant application seeks condonation of delay of 978 days in

preferring the instant memo of appeal which is directed against the

judgment/award dated 16.03.2018 passed in T.S. (MAC) No.129 of 2010.

Mr. Suman Bhattacharjee, learned counsel for the

applicants/appellants, submits that during pendency of the proceedings before

the learned Tribunal, the predecessor-O.P. No.1 of the present petitioners died

on 25.05.2015. Petitioners were never substituted in his place and had no

knowledge of the pendency of the case. Respondents No. 1 to 4 filed an

execution application before the learned Tribunal being Civil Misc. (Execution)

No.77/2019 against petitioners No.2 and 3; the notice of which was received on

12.09.2022. Immediately, after receipt of the notice, they approached their

advocate on 19.09.2022 who advised them to obtain the certified copy of all the

orders including the award dated 16.03.2018. They obtained the certified copy

of the order on 05.12.2022. Thereafter, the copy of the order was handed over

to their learned counsel, who was representing them before the learned

Executing Court on 09.12.2022. The learned advocate took long period of time

to go through the record despite repeated queries made to him. Thereafter, the

petitioner No.3 approached his chamber on 07.01.2023 when he was advised to

prefer an appeal through learned Advocate Mr. Suman Bhattacharjee.

Thereafter, he approached the concerned counsel who, after perusing the file,

advised him to prefer an appeal. The statutory deposit of Rs.25,000/- was made

and the appeal was finally filed on 03.02.2023. As such, delay in prosecuting

the appeal is not deliberate. The petitioners, who are legal heirs of the original

O.P. No.1, may not be denied proper hearing on the grounds of delay. The

delay may be condoned with suitable terms and conditions.

Mr. S.D. Choudhury, learned counsel for the respondent No.5 and

Mr. K. Deb, learned counsel for respondents No.7 have opposed the prayer.

Further, they submitted that in view of the plea raised by the petitioners who

are the legal heirs of the deceased O.P. No.1, this Court may condone the delay

with suitable costs.

I have considered the submission of learned counsel for the

petitioner and learned counsel for the respondents No. 5 and 7 respectively. It

appears that the first explanation on the part of the petitioners is that they were

not original parties, but came to know passing of the impugned award only at

the stage of execution since their deceased predecessor-O.P. No.1 had not been

substituted during pendency of the proceedings before the learned Tribunal.

The second explanation on their part relates to the time taken by the learned

counsel whom they approached for advice and preferring an appeal. It appears

that a large portion of the time, of course, fell during the COVID-19 period

also.

Taking into consideration all the facts and circumstances explained

above, this Court is inclined to condone the delay, though quite large, in the

interest of justice; however, subject to deposit of cost of Rs.3,000/- before the

High Court Bar Association, High Court of Tripura, Agartala within a period of

2(two) weeks and receipt thereof be filed in the Registry of this Court within

the same time. The appeal be listed thereafter.

IA stands disposed of.

(APARESH KUMAR SINGH), CJ

Pijush MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2023.08.09 17:27:35 +05'30'