SHANTA PRAMANIK Vs. BANGIYA GRAMIN VIKASH BANK

JUDGEMENT

(1.) C.A.N. 1869 of 2020 is application for condonation of delay in preferring the appeal. Prayer is to condone delay of 245 days. Since the appeal was filed without certified copy, upon leave granted, there is no report on the delay. We take the delay to be at 245 days.

(2.) Mr. Saha, learned advocate appears on behalf of applicant and submits, his client had lost his job, having been a clerk in the bank. He moved the writ Court and thereafter, upon being unsuccessful, he was unable to immediately move in appeal. Moreover having obtained certified copy of impugned order dated 6th March, 2017, unfortunately he lost it. He submits, his client has been a victim of circumstances. The delay be condoned and the appeal heard. Mr. Hossain, learned advocate appears on behalf of respondents (bank) and opposes the application. He submits, the delay has not been properly explained.

(3.) We have looked at, inter alia, paragraphs 5 to 8 in the application. Keeping in mind judgment of Supreme Court in Collector Land Acquisition vs Mst. Katiji reported in AIR 1987 SC 1353, we are inclined and do allow the application on condoning the delay. More so, because of record in earlier order dated 22nd March, 2021 regarding applicant's case.