BANERJEE LAND DEVELOPER & CONSTRUCTION Vs. ANJANA BAKSHI

JUDGEMENT

(1.) THIS order relates to the hearing on the petition for condonation of delay. The instant appeal u/s 27A of the C. P. Act has been filed against the order no.11 dated 19/12/12 passed by Learned District Forum, Chinsurah, Hooghly whereby warrant of arrest was issued against the Jdr. There is delay of 12 days in filing this appeal.

(2.) THE Learned Counsel for the appellant has submitted that against the impugned order no.11 dated 19/12/12 an application was filed before the Hon'ble High Court, Calcutta under Article 227 of the Constitution of India and on 18/01/13 the application was disposed of directing the appellant to file the appeal before this Commission and, as such, there was delay of 12 days in filing this appeal. It is submitted that there was no intentional delay or laches on the part of the appellant.

(3.) THE Learned Counsel for the respondent has filed the written objection against the application for condonation of delay. It has been submitted by the Learned Counsel for the respondent that no appeal was preferred by the appellant herein against the judgment of the Learned District Forum in the complaint case and, as such, the delay has not been sufficiently explained.