Drat Kolkata Court October 2005 Judgments

Ashutosh Paul Vs. Industrial Investment Bank of

Court: DRAT Kolkata

Reported in: III(2006)BC201

1. Learned Advocate for the appellant Mr. T.T. Haider is present.Learned Advocate for the respondent No. 1 Mr. D. Basu Roy is also present.2. The hearing arose out of an application for condonation of delay in filing the appeal and the stay application. The appellant has sought to save the bar of limitation in trying to show "sufficient cause" for the admitted delay in filing the appeal.3. As for the "sufficient cause", the learned Advocate for the appellant has submitted that in respect of the impugned order, dated 17th September, 2004, which is under challenge in this appeal, reasonable time was spent in the course of proceedings initiated by the appellant both in the High Court, Calcutta, as well as the Supreme Court where the impugned order dated 17th September, 2004 passed by the Tribunal below was challenged. He has further submitted that though the appellant had failed in both counts in the High Court and the Supreme Court, the delay on the part of the appellant was not deliber...