23/08/16

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

This order relates to hearing on the petition for condonation of delay of 63 days in filing the Revision Petition against the order dated 21/12/15 passed by Learned District Forum South 24-Parganas in case no.CC 447 of 2015. 

It has been stated in the petition for condonation of delay that after perusing the order dated 21/12/15 and the subsequent orders the senior management of the Hospital is of the opinion that a revision has to be filed and, accordingly, appointed a lawyer for preferring the revision.  The said decision was taken sometime in April 2015 as the meeting of the Senior Managers and the Doctors involved in the matter could not be arranged due to very busy schedule of the doctors.  The Petitioner instructed the Learned Advocate to prepare the Revision Petition and file the same.  The delay in filing the Revision Petition was unintentional. 

The Learned Counsel for the Revision Petitioner has submitted that there was procedural delay in filing the Revision Petition. It is submitted that in the interest of justice the delay should be condoned.

The Learned Counsel for the Respondents has submitted that the delay in filing the Revision Petition has not been sufficiently explained. 

We have heard the submission made by both sides and perused the papers on record.  The impugned order was passed on 21/12/15 whereby the delay u/s 24A of the C. P. Act, 1986 was condoned and the complaint was admitted.  The certified copy was applied for on 19/04/16 and on the same day it was delivered.  Having heard the Learned Counsel for the parties and on perusal of the materials on record, we are of the view that the ground stated in the petition for condonation of delay regarding the procedure in filing the Revision Petition is not sufficient.  The delay of 63 days in filing the Revision Petition has not been sufficiently explained.

The petition for condonation of delay is rejected.  In the result, the Revision Petition also stands dismissed being time barred.