RAM CHANDRA ROY Vs. BANKING OMBUDSMAN

JUDGEMENT

(1.) AFTER having heard learned Counsels appearing for the parties and considering the facts and Circumstances, as well as, the grounds mentioned in the application for condonation of delay, we are satisfied that there was a sufficient cause for not filing the Letters Patent Appeal within the period of limitation. Therefore, the application for condonation of delay shall stand allowed and the delay of 39 days in filing this Letters Patent Appeal shall stand condoned.

(2.) RULE is made absolute. No costs.

(3.) IT may, also, be recorded here that the original writ petitioner initiated a Complaint case No. 84 of 2001 before the banking Ombudsman. The matter was contested by the bank, inter alia, contending that the original petitioner is not entitled for any amount more than Rs. 65,852.74 paise with simple interest. The claim of the original writ petitioner has been for compound interest, whereas, the plea of the bank has been that interest can be payable at the simple rate of interest.