Court No. - 40
Civil Misc. Delay Condonation Application No. 1 of 2018 IN Case :- SPECIAL APPEAL DEFECTIVE No. - 810 of 2018 Appellant :- I. N. Bhattacharya Respondent :- The General Manager Canara Bank And 2 Others Counsel for Appellant :- Dharmendra Vaish Counsel for Respondent :- Krishna Mohan Asthana
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
Heard Shri Dharmendra Vaish, learned counsel for the appellant-petitioner and Shri K.M. Asthana, learned counsel appearing on behalf of respondents-bank.
This appeal has been reported beyond time by 49 days.
We have considered the submissions raised and even though we do not find any valid justification given for the delay yet, in the interest of justice, we condone the delay and the appeal shall be treated to be within time.
The delay condonation application is allowed. Office shall give a regular number to this appeal.
Order Date :- 31.10.2018 Puspendra
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Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 810 of 2018 Appellant :- I. N. Bhattacharya Respondent :- The General Manager Canara Bank And 2 Others Counsel for Appellant :- Dharmendra Vaish Counsel for Respondent :- Krishna Mohan Asthana
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
Heard Shri Dharmendra Vaish, learned counsel for the appellant-petitioner and Shri K.M. Asthana, learned counsel appearing on behalf of respondent-bank.
Shri K.M. Asthana, learned counsel for the respondent- bank vehemently opposed the appeal and raised a preliminary objection to the maintainability of the same.
This appeal cannot be entertained for the simple reason that the learned counsel for the appellant-petitioner had conceded before the learned Single Judge that the appellant will avail the alternative remedy of filing an appeal. In view of this, it would not be maintainable.
Learned counsel for the appellant-petitioner then contends that the time for filing of the appeal has been mentioned as two months in one place and three months in another place, therefore, the aforesaid position be clarified.
The clarification could be obtained by moving a correction application before the learned Single Judge himself but, without burdening the appellant with any further legal expenses, we find it expedient and in interest of justice that the period of three months shall be available from the date of judgment to the appellant to file his appeal.This time shall come to an end on 9.11.2018.
With the aforesaid observations, the appeal stands consigned to records.
Order Date :- 31.10.2018 Puspendra