Hon'ble Mr. Kamal De Presiding Member

Order No. : 04

Date : 03.07.2019

Complainant is present through Ld. Lawyer.

IA/39/2019 is taken up for hearing.

Heard him considered.

The instant IA case relates to condonation of delay for filing the case not within time.

The complainant submits that the complainant filed an application U/S. 12 (1) of the C.P. Act before D.C.D.R.F., Burdwan which was registered as C.C. Case NO. 31/2015 and the Ld. D.C.D.R.F., Burdwan was pleased to dismiss the case on the ground of pecuniary jurisdiction.

The complainant - appellant, thereafter, moved to this Commission challenging the impugned order and this commission in hearing the Appeal and after contested hearing was pleased to uphold the order of D.C.D.R.F., Burdwan as the Ld. D.C.D.R.F., Burdwan had no pecuniary jurisdiction to hear the case.

The complainant, thereafter, filed the instant case being CC/20/2019 before this Commission along with this petition for condonation of delay.

It appears that the case was dismissed on the ground of pecuniary jurisdiction.

We think that as the value of the property exceeds Rs. 20 lakh, the complainant has rightly turned up to this commission with the case.

In view of decision reported in Laxmi Engineering Works VS P.S.G. Industrial Institution AIR 1995 SC 1928 (Commercial) and having considered that facts circumstance, we feel inclined to allow the instant petition.

We condone the delay if any in filing the case as prayed for.

The instant case is thus disposed of.