IN THE MATTER OF: CHANDRANATH CHATTERJEE Vs. STATE

JUDGEMENT

(1.) This application under Section 5 of the Limitation Act for condonation of delay of 991 days in filing the appeal, has been taken out by Chandranath Chatterjee, the appellant.

(2.) Mr. Singh, learned advocate appearing on behalf of the appellant, submits that his client preferred an appeal before the Hon'ble Delhi High Court due to bona fide mistake. The Hon'ble Delhi High Court had given liberty to his client to prefer appeal in the appropriate High Court. He further submits that his client was under the impression that MMTC Ltd. would prefer appeal in the High Court against the order of the learned Tribunal, but, only on 6th November, 2010 his client was informed by MMTC Ltd. that appeal is to be preferred in the individual capacity of the appellant/petitioner. Therefore, Mr. Singh submits, the delay in preferring the appeal was unintentional and bona fide.

(3.) Mr. Chatterjee, learned advocate appearing on behalf of the respondent, submits that the delay is inordinate and the grounds for delay in preferring the appeal stated in the application, are not reasonable enough to condone the same.