9911796707
TMI Blog2003 (6) TMI 447X X X X Extracts X X X X X X X X Extracts X X X X ..... tam Narayan Chaudhury and Shri Alok Sur. The said application had been drafted by the said advocates and filed here on April 20, 2002. But in the month of August, 2002 the advocate Goutam Narayan Chaudhury informed the petitioner No. 2 that the said application (RN-116 of 2002) had been dismissed for default on June 17, 2002 due to failure of appearance of the said advocate on that date before this Tribunal. A restoration application was duly affirmed by the petitioner and copy of the same was served on August 27, 2002 on the Respondents with notice to the effect that restoration application would be listed on October 7, 2002 for order. Later, petitioner came to know from advocate Shri Goutam Narayan Chaudhury that the restoration applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies. The aim should be to do substantial justice and a pedantic approach is not to be taken while dealing with such an application. The explanation of "every day's delay" should be interpreted in a rational, commonsense and pragmatic manner. On principle, a justifiably liberal approach has got to be adopted. To substantiate the above principle, the learned advocate Shri K.K. Saha refers to the rulings reported in AIR 1981 SC 1400 (Rafiq v. Munshilal) and [1987] 66 STC 228 (SC) (Collector, Land Acquisition v. Mst. Katiji). In the case reported in [1987] 66 STC 228 (SC) (Collector, Land Acquisition v. Mst. Katiji), there was delay of four days only and the honourable Court upon facts of that case came to the finding that the delay was not del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d be given a chance to get the main application heard on merit. 7.. Shri Debanjan Ganguly, learned State Representative deals elaborately with the facts stated in paragraphs 9, 10, 11, 12 and 13 of the condonation application in order to highlight the way the petitioner No. 2 tries to cover up his own negligence in this respect. In paras 9 and 10 of the application, it is stated that the petitioner No. 2 came to know from his advocate Goutam Narayan Chaudhury that RN-116 of 2002 has been dismissed for default on June 17, 2002 and that as such copy of restoration application has been affirmed by the petitioner No. 2 and that the copy of the same was served on the other side on August 27, 2002 where it was mentioned that the matter will b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tart from November 13, 2002 and continued upto December 23, 2002 and the application along with condonation application was filed on December 30, 2002. Shri Gangopadhyay, Learned State Representative submits, by referring to the above, that the petitioner was not diligent at all and that there was no bar in the matter of filing of application in the office of the Tribunal during the period of "cease work" which put bar only against appearance of advocates in the court room, there was no bar in the matter of filing a case in the office of the Tribunal. Moreover, there is no explanation for the delay of seven days in filing of the application after the "cease work" was lifted on December 23, 2002. So as per Mr. Gangopadhyay, learned State Rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so do not disagree that a client must not suffer for negligence or inaction of his advocate. We find that the petitioner No. 1 is a partnership firm and one of the partners Sudip Kumar Chaudhury, who has sworn affidavit is aged 47 years. There are two other partners and the petitioner No. 1 is a registered dealer. As we peruse paragraphs 9 to 13 of the condonation application, we find that the petitioner could not file the copy of the notice in support of his assertion that a restoration application allegedly made ready to be filed in the Tribunal with copy of notice informing other side the date of hearing but actually not filed by the previous advocate. Thus the petitioners failed to prove their claim that the step for restoration against ..... X X X X Extracts X X X X X X X X Extracts X X X X
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