Per – Hon’ble Mr. S. R. Khanzode, Presiding Judicial Member
Heard Adv. K. R. Lalchandani for the Applicant/Appellant and Adv. Madhukar Jadhav for the Non-Applicant/Respondent on the application for condonation of delay.
[2] There is a delay of 13 days in filing the appeal and hence this application for condonation of delay. It is stated on behalf of the Applicant/Appellant that the copy of the impugned order dated 19/3/2011 passed by the Central Mumbai District Consumer Disputes Redressal Forum (‘the Forum’ in short) in Consumer Complaint No.223 of 2006, Mr. Ashok Mahadeo Pilankar Vs. The Branch Manager, Allahabad Bank, was received by it on 12/4/2011 and thereafter the Applicant/Appellant contacted and engaged an advocate for filing an appeal on 25/5/2011 after taking necessary sanction from the appropriate authority of the Bank. Advocate needed some more papers and after supplying the same to him the appeal was filed on 27/5/2011 and thus, the delay occurred.
[3] Non-Applicant/Respondent opposed the application stating that the delay is not properly calculated. According to him, it ought to have been calculated from the date of order. We are afraid point of limitation starts from the date receipt of copy of the order which according to the Applicant/Appellant was 12/4/2011. There is no rebuttal of this particular fact. Under the circumstances, the delay will be about of 15 days and not of 13 days.
[4] Reasons assigned for condonation of delay are two fold, firstly, that after receiving the copy of the impugned order the Applicant/Appellant which is a public sector bank was required to move the file to take sanction to file an appeal and it took some time and thereafter, a lawyer was instructed to file an appeal on 25/5/2011 who requested for additional documents and on supplying the same, the appeal could be filed. Considering the chronology of events, we hold that the delay is satisfactorily explained and pass the following order:-
ORDER
Miscellaneous Application No.275 of 2011, seeking condonation of delay in filing Appeal No.508 of 2011, is hereby allowed. Consequently, the delay in filing the appeal stands condoned.
No order as to costs.
Pronounced and dictated on 17th November, 2011
