BANK OF INDIA Vs. SAWAI SINGH

JUDGEMENT

(1.) COUNSEL for the appellant prays for condonation of delay of 16 days in filing the appeal.

(2.) SHRI Pandey submitted that the bank had instructed counsel to file the appeal before the vacation started, but on account of mistake of calculation on the part of the advocate, the appeal could not be filed in the court within time. He pointed to the affidavits of two advocates who were dealing with this matter before the filing of this appeal. He pointed out that both the advocates have stated on solemn affirmation that on account of mistake on their part in calculating the period of limitation, there has been delay in filing this appeal. He submitted that the delay be condoned.

(3.) SHRI L. P. Bhargawa submitted that the matter is not so innocent as it is being shown. He pointed out that the impugned decree was passed on January 20, 1996, however, the application for certified copy of impugned judgment and decree was submitted on January 21, 1996. Shri Bhargava further pointed out that thereafter the decision was to be taken by the bank as to whether the appeal is to be filed or not. He further pointed out that the bank is equipped with legal advisers and, therefore, the plea of mistake of calculation on the part of the advocates cannot be helpful to the appellant for the purpose of praying for condonation of the delay.