HON’BLE MR. SUDEB MITRA, PRESIDING OFFICER

Order No.: 07

Date : 04.10.2023

Feeling aggrieved by and dissatisfied with the judgement and order passed on 20.10.2022, by the Ld. DCDRC, Purba Bardhaman in CC/108/2017 on contest, but without cost, the OPs of CC/108/2017 preferred A//13/2023 before this SCDRC at Asansol on 22.02.2023, praying for setting aside the impunged judgement of CC/108/2017 dated 20.10.2022 for the reasons as reflected in the M.O.A. filed in A/13/2023 dated 22.02.2023. Apart from filing this Appeal the OPs of CC/108/2017 have filed a separate petition vide IA/12/2023 dated 22.02.2023 praying for staying proceeding of Execution Application filed by the complainant of CC/108/2017 i.e. the respondent/OP of the Appeal A/11/2023 and this case record shows that vide order the said petition of the appellant is allowed.

          Now at this stage the present IA No. IA/11/2023 by filing which on 22.02.2023 the appellants/applicants have prayed for allowing their prayer for condonation of delay in filing the Appeal A/13/2023 on 22.02.2023, against the impugned judgement of CC/108/2017 pronounced on 20.10.2022, is taken up for hearing.

          By filing the instant IA/11/2023, the OPs of CC/108/2017 i.e. the Appellants of IA/11/2023 have contended that have applied on 18.11.2022 for the certified copy of the judgement of CC/108/2017, pronounced by the Ld. DCDRC, Purba Bardhaman on 20.10.2022 and the same was ready on 01.12.2022. On receipt of the certified copy of the judgement of CC/108/2017 they had consulted with their lawyer who conducted CC/108/2017 on their behalf in CC/108/2017 on 07.12.2022 and according to his advice on 13.12.2022, the appellants/applicants had consulted with their Senior Advocate on 04.01.2023through their Head Office in Kolkata after sending the case record of CC/108/2017  to their Head Office on 24.12.2022 and on receipt of instruction to prefer Appeal, communicated to the Appellants on 24.01.2023 on preparation of M.O.A. and obtaining approval on that score, the appellants could prefer the A/13/2023 on 22.02.2023 together with this IA/11/2023 praying for condonation of delay in filing the Appeal A/13/2023 before this Commission.

Point for consideration

Now, it is assessed that whether the instant IA dated 22.02.2023 seeking for condonation of delay in filing Appeal as A/13/2023 dated 222.02.2023 preferred against the judgement passed in CC/108/2017 on 20.10.2022 by the Ld. DCDRC, Purba Bardhaman on contest, deserves positive consideration and there by deserves to be allow nor not.

Decision with reasons

This is to be taken into consideration that since CC/108/2017 was filed on 28.06.2017 by the OPs of the said Complaint Case CC/108/2017 i.e. present applicants of this IA/11/2023 and the appellants of A/13/2023, so as per scopes of the C.P. Act of 1986 the period of limitation to prefer the Appeal against the impugned judgement of CC/108/2017 dated 20.10.2022 is 30 (thirty) days from the date of the order vide Section 15 of the C.P. Act of 1986 that has come into effect from 24.12.1986.

          In the premises, the instant Appeal A/13/2023 should have been filed by