W B S E B Vs. ASHANUL HAQUE

JUDGEMENT

(1.) The petition for condonation of delay filed by the appellant is first taken up for hearing and disposal. We noticed that there is a delay of 38 days in preferring the appeal after receiving the impugned order of the Forum below. Heard argument advanced by the appellant. It is the case of the appellant in the condonation petition that after obtaining certified copy of the order on 22.6.2001 the appeal was filed on 31.7.2001. The learned Counsel for the appellant submits that since the matter relates to a remote corner of West Bengal, some time was required to take decision and to collect papers. Thereafter the matter was referred to the Head Office, Kolkata for decision. For completing the process a total period of 38 days was consumed. It is submitted by Mr. Nayek, the learned Advocate for the appellant, that the delay was not intentional and if the delay is not condoned and the appeal is not admitted the appellant will be irreparably prejudiced, not being able to challenge the impugned judgment. The petition for condonation of delay is not challenged by the respondent.

(2.) The settled principle in respect of condonation of delay (vide the decision reported in AIR 1987 Supreme Court 1353) is that the Court should not adopt a pedanctic attitude towards the condonation of delay. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and the cause of justice being defeated.

(3.) Here, 38 days' delay has taken place and for that the explanation which has been offered is, in our opinion on the whole, satisfactory and considering the well settled principle held by the Apex Court in a number of judgments, that Courts should take reasonable and liberal view regarding condonation of delay, we are inclined to observe that the explanation is on the whole convincing for the purpose of our coming to a finding that the delay of 38 days of which actual delay is 8 days should be condoned.