Tripura High Court
The Tripura State Electricity ... vs Smti. Kamalapati Kaloi & Others on 1 March, 2024
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HIGH COURT OF TRIPURA
AGARTALA
IA No.02/2023 in MFA(FA) No.02 of 2023
MFA(FA) No.02 of 2023
The Tripura State Electricity Corporation Limited & others
.........Applicant/Appellant(s);
Versus
Smti. Kamalapati Kaloi & others
.........Respondent(s)
For Applicant/Appellant(s) : Mr. N. Majumdar, Advocate.
For Respondent(s) : Mr. T. Halam, Advocate.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
Order
01/03/2024
IA No.02/2023 in MFA(FA) No.02 of 2023
Heard Mr. N. Majumdar, learned counsel for the
applicants/appellants and Mr. T. Halam, learned counsel for the respondents-
claimants on the prayer for condonation of delay of 284 days in preferring the
instant memo of appeal.
The appeal is directed against the judgment and decree dated
07.12.2022 passed by learned Civil Judge (Senior Division), Court No.2,
Agartala, West Tripura in Money Suit No.22 of 2018 whereby the learned
Court has allowed compensation of Rs.23,07,000/- on account of death of their
son due to electrocution along with interest @ 9% per annum from the date of
institution of the suit till its realization failing which the awarded sum would
carry 12% interest per annum from the date of filing of the suit till its
realization.
Mr. N. Majumdar, learned counsel for the applicants-Corporation,
submits that the period for filing appeal is 90 days. However, the application
for certified copy was made on 16.11.2023. It was ready for delivery on
13.12.2023. Though the application for certified copy was made just after the
pronouncement of judgment, but the requisite folio and court fees could not be
made within time. As such, the application for certified copy was rejected. This
was communicated to the Corporation by the learned counsel representing
them. The department processed the file and obtained legal opinion from the
concerned officer who advised for preferring an appeal after obtaining proper
sanction. Thereafter, the appeal was to be submitted on or before 06.03.2023.
But the case file was misplaced during movement of file and could not be found
even after rigorous search. Ultimately for want of necessary documents and
papers and for maintaining official procedure, the appeal could not be filed
within the stipulated period. In the process, the file had moved from one table
to another and undergone scrutiny before preferring the appeal. The appellants
has a good case on merits as a huge amount of compensation has been awarded
in favour of the claimants without proper appreciation of the materials placed
on record. Therefore, delay may be condoned otherwise appellants may suffer
irreparably.
Mr. T. Halam, learned counsel for the respondents-claimants, has
opposed the prayer. Despite time granted earlier, no written objection has been
filed by the respondents. Learned counsel for the respondents submits that the
delay is inordinate and has not been properly explained. As such, the instant
application may be rejected.
I have considered the submission of learned counsel for the
applicants/appellants and learned counsel for the respondents-claimants. On
consideration of the explanations urged, it appears that the delay has been
occasioned in processing the file in the Corporation and obtaining legal opinion
and also for the reason that the certified copy of the order could not be obtained
in time as requisite folio, etc. were not filed within time. The Corporation and
its officials deserve to be more diligent in such matters.
However, this Court, on consideration of the facts and
circumstances explained and upon hearing learned counsel for the parties, is
inclined to condone the delay subject to payment of cost of Rs.7,500/-. Cost
should be paid to the claimants within a period of 3(three) weeks from today.
IA stands disposed of.
The appeal is admitted for hearing.
Call for the lower Court records from the concerned Court.
Office to prepare Paper Book after receipt of the LCRs.
List the matter in usual course.
(APARESH KUMAR SINGH), CJ
MUNNA SAHA Digitally signed by MUNNA SAHA
Date: 2024.03.02 13:27:16 +05'30'
Pijush/
