23/04/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT          

            This order relates to hearing on the petition for condonation of delay of 269 days in filing this Appeal. 

          The instant Appeal u/s 27A of the C. P. Act, 1986 has been preferred against order no.12 dated 05/06/14 passed by Learned District Forum, Kolkata, Unit-I in execution case no.EA 83 of 2013 whereby direction was given to the Jdr for compliance of the order passed in the complaint case positively. 

            The Learned Counsel for the Appellant has submitted that the order of the Learned District Forum passed in the complaint case was complied with and there remains nothing to be complied with.  It is submitted that the order impugned is a non-speaking order. 

            The Learned Counsel for the Respondent opposed the petition for condonation of delay.

            We have heard the submission made by both sides and perused the papers on record.  It appears that the judgment of the Learned District Forum in the complaint case no.CC 143 of 2009 was passed on 03/02/12 and the First Appeal bearing no.750 of 2014 was filed with the delay of 850 days.  After hearing both sides the First Appeal was dismissed on 20/02/15 being time barred.  Thereafter the Jdr/Appellant has come up against the order no.12 dated 05/06/14 passed by the Learned District Forum in EA 83 of 2013.  This Appeal u/s 27A has been filed with the delay of 269 days.  It has been stated in the petition for condonation of delay that there was non-application of mind in the matter of passing the impugned order and it has resulted in gross miscarriage of justice.  It has further been stated in the petition for condonation of delay that in terms of written instruction signed and given by Respondent the Appellant had realized from time to time 5% of the outstanding dues against the credit card facility of the Respondent and the Respondent has withdrawn the entire amount lying in her credit in the savings bank account being a sum of Rs.1,19,699.71.  It has further been stated that the sum of Rs.92,090/- was still due and payable by the Respondent on account of her credit card dues.  We are of the considered view that the OP/Appellant contested the complaint case before the Learned District Forum and the said judgment having attained finality, at the stage the contentions raised by the Appellant regarding the dues against the credit card cannot be accepted to be sufficient explanation for the delay of 269 days in filing this Appeal. 

            The petition for condonation of delay is rejected.  Consequently, the Appeal being time barred also stands dismissed.