Union Of India v. Smt. Puspa Rani Saha And ORS

Case No :CMAppl(FA) 0000658/2014 Party Name : UNION OF INDIA Vs SMT. PUSPA RANI SAHA & ORS THE HONBLE MR. JUSTICE S.C.DAS Learned counsel, Ms. L. Sarkar is present on behalf of learned CGC, Mr. A. Roy Barman. Learned counsel, Mr. Sekhar Dutta is also present for the claimant-respondent Nos.1 to 7. No representation on behalf of respondent No.8, in spite of service of notice. At the very outset Mr. Dutta, learned counsel, of respondent Nos.1 to 7 submits that he has no objection if the delay is condoned but since the delay is abnormal a reasonable cost should be paid to the claimant-respondents.

This is a petition under Section 5 of the Limitation Act seeking condonation of delay of 930 days in filing connected LA. App. No. 56 of 2014. There is some sought of explanation in respect of delay. However, the respondent Nos. 1 to 7 does not oppose the prayer of condonation, but the submission is to pay some cost. Considering the submission of learned counsel of both the side and considering the period of delay the prayer for condonation of delay is allowed and stands condoned subject to condition that the appellant-petitioner shall pay a cost of Rs.3000/- to the claimantrespondent Nos.1 to 7 within 45 days from today. CM. Appl accordingly stands disposed.

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