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ARINDAM LODH
Pradip Chanda – Appellant
Versus
Jadu Lal Roy – Respondent
JUDGMENT
Arindam Lodh, J. - Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. K. Nath, learned counsel for the applicant.
2. Issue notice calling upon the respondents to show cause as to why the delay of 3 days in preferring the instant appeal shall not be condoned, as prayed for; and/or why such further and other order(s) shall not be passed as to this Court may deem fit and proper.
3. Notice is made returnable on 21.02.2023.
4. The applicant shall take steps for service of notice upon the respondents within 7(seven) days by registered post with AD.
The court may condone a short delay in filing an appeal if justified, emphasizing the necessity for expedient legal processes.
Court recognizes the necessity for fair hearing by issuing notice to respondents in a writ petition.
A representative's acceptance of notice nullifies the need for formal notice issuance in a writ petition.
Timely service of notice is essential in civil proceedings, with the court granting a 7 days extension to the appellants for compliance.
The court emphasized procedural compliance in issuing notice to respondents in a legal matter.
Delay in filing a petition cannot be condoned without plausible justification, regardless of the party's status, emphasizing adherence to the law of limitation.
A delay in filing an appeal can be condoned if sufficiently explained and if the party acted bona fide without negligence.
The central legal point established in the judgment is the application of the provisions of the Limitation Act, 1963 and the National Investigation Agency Act, 2008 in seeking condonation of delay.
The court emphasized the importance of substantial justice over technical considerations and the need for a justice-oriented approach in considering explanations for delay.
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