PRITAM DASS Vs. COPYRIGHT BOARD

JUDGEMENT

(1.) Rule. With consent of parties, the matter was heard finally.

(2.) The controversy in this case is that the petitioner claimed to have been filed an affidavit on 25th January, 2005 along with an application for condonation of delay in proceedings being case No. 7/21 (NZ) before the Copyright Board. The Board had framed the issues and the petitioner herein was required by its order to file evidence on or before 25th February, 2004. The petitioner, however, did not file the evidence within the time indicated; there was delay.

(3.) It is stated that the petitioner approached the Board, filed the affidavit along with an application for condonation of delay, on 24th January, 2005. Counsel for the petitioner has relied upon the seal said to have been affixed by the Board's Office, on a duplicate copy of the covering letter issued by the counsel in that regard. A copy of the same has been produced with the petition. Proceedings were held on 9th February, 2005. On that day, a request for adjournment was made on behalf of respondent No. 2 herein. The order-sheet which has been annexed along with the counter affidavit of respondent No. 2 indicate that the matter was adjourned to 11th and 12th April, 2005 with the direction that no further adjournment would be granted.