The Deputy Chief Engineer ... vs Smti. Sima Das Malakar And Anr
2024 Latest Caselaw 1165 Tri

Tripura High Court

The Deputy Chief Engineer ... vs Smti. Sima Das Malakar And Anr on 15 July, 2024

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                                             HIGH COURT OF TRIPURA
                                                   AGARTALA
                                     I.A. 02 of 2023 of L.A. APP.No.03 of 2024

                   The Deputy Chief Engineer (Construction-1)

                                                                                 ----Applicant(s)
                                                         Versus

                   Smti. Sima Das Malakar and Anr.

                                                                               ----Respondent(s)

For Applicant(s) : Mr. B. Majumder, DSGI.

                   For Respondent(s)            :     None.

                                    HON'BLE MR. JUSTICE BISWAJIT PALIT
                                                         Order
                   15/07/2024

Learned DSGI for the petitioner-applicant, Mr. B. Majumder is present. Notice upon respondent No.1 is served by 'Dasti' service. Notice upon respondent No.2 has already been served earlier but none has appeared on behalf of the respondent No.2.

The applicant has preferred an appeal challenging the judgment and award dated 17.09.2019 passed by Learned L.A. Judge, Sepahijala District, Bishalgarh in connection with Case No.Misc.(L.A.)99 of 2014 and along with the memo of appeal another application under Section 5 of Limitation is filed for condoning delay of 732 days in preferring the appeal.

At this stage, Learned DSGI appearing for the petitioner- applicant has submitted that the grounds set forth in the application are genuine and there is no intentional laches on the part of the petitioner- applicant to prefer the appeal within time but due to some departmental procedure, the petitioner-applicant could not take step for preferring the appeal within time and prayed for condoning the delay.

Since, nobody has appeared objecting the application filed by the petitioner-applicant. So, the grounds as raised in the application are allowed and accordingly the delay of 732 days in preferring the appeal is hereby condoned.

I.A. is accordingly stands disposed of.

JUDGE

Date: 2024.07.16 11:01:32 +05'30' Sabyasachi. B