Sri Dipak Kumar Saha vs Sri Utpal Das And Anr
2024 Latest Caselaw 1247 Tri

Tripura High Court

Sri Dipak Kumar Saha vs Sri Utpal Das And Anr on 24 July, 2024

                             Page 1 of 2


                    HIGH COURT OF TRIPURA
                          AGARTALA
                         IA No.1 of 2024
                    In MAC APP No.57 of 2024
Sri Dipak Kumar Saha
                                                       ----Applicant(s)
                               Versus
Sri Utpal Das and Anr.
                                                    ----Respondent(s)

For Applicant(s) : Mr. D. Bhattacharya, Sr. Adv.

Mr. S. Das, Adv.

For Respondent(s)     :     None

           HON'BLE MR. JUSTICE BISWAJIT PALIT

                               Order
24/07/2024

Learned Senior counsel Mr. D. Bhattacharya assisted by Mr.

S. Das, Learned counsel is present for the appellant-applicant.

The appellant-applicant has preferred this appeal challenging

the judgment and award dated 17.08.2017 passed by Learned

Member MACT, West Tripura, Agartala, Tribunal No.2 in

connection with Case No.T.S.(MAC) No.180 of 2015 and along

with the memo of appeal another application under second proviso

of Section 173 is filed for condoning delay of 1673 (one thousand

six hundred and seventy three) days in preferring the appeal.

After receipt of the application a direction was given to serve

notice upon the respondents and accordingly notices were issued

and as per report notices have been duly served. But nobody has

appeared on behalf of the respondent. Although Mr. D. C. Roy,

Learned counsel executed vakalatnama on behalf of the

respondent No.1.

Heard Learned counsel for the appellant-applicant.

At this stage Learned counsel for the applicant submitted

that the appellant-applicant has got a prima facie case. It was

further submitted that the appellant-applicant filed one revision

petition before the High Court which was numbered as CRP No.44

of 2024, but thereafter the same was withdrawn on 24.05.2024

with a liberty to prefer appeal against the judgment and award

dated 17.08.2017 of MAC Tribunal. In addition to that due to

Covid pandemic the appellant-applicant was prevented to file the

appeal in time. Further, according to Learned senior counsel there

was no intentional laches or negligence on the part of the

appellant to file the appeal in time. So he urged for allowing the

application and to admit the appeal.

There is no objection from the contesting respondents.

This court is satisfied with the grounds as stated in the

petition and hence the petition filed for condoning the delay is

hereby allowed and the delay is condoned.

In view of the above, IA stands disposed of.

                                                                JUDGE




MOUMITA                      Digitally signed by
                             MOUMITA DATTA

DATTA                        Date: 2024.07.26 10:16:04
                             +05'30'
Moumita