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Calcutta High CourtFMAT (ARBAWARD)/71/2022dismissed

Latip Gain v. Poonawala Fincorp Ltd

2023-02-16Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

16.02.2023 SL No.55 Court No.8 (gc) FMAT (ARBAWARD) 71 of 2022 CAN 1 of 2022 CAN 2 of 2022 Latip Gain Vs.

Poonawalla Fincorp Ltd.

Ms. Soni Ojha, Ms. Sonia Nandy, For the Respondent.

The appellant is not represented, nor any accommodation is prayed for on behalf of the appellant. The appeal is defective since 29th December, 2022. There are two defects reported by the Stamp Reporter, namely:-

1) Delay of 5 days.

2) Deficit court fees of Rs.420/-.

We have seen the report of the Stamp Reporter dated 10th February, 2023 and the order of the Registrar Administration (L&OM) dated 6th January, 2023. It appears from the order of the Registrar Administration (L&OM) that none had appeared on behalf of the appellant on that date and no attempt has been made to remove the defects including the payment of deficit court fees as pointed out by the Stamp Reporter. The time to put in the deficit court fees has expired in the meantime. No application for condonation of delay has been filed. Under such circumstances, the appeal is timebarred and stands dismissed.

In view of dismissal of the appeal, the connected applications also stand dismissed.

Interim order, if any, stands vacated.

L.C.R., if arrived, be sent down to the appropriate Court.

(Uday Kumar, J.) (Soumen Sen, J.)