Allahabad Bank vs Gopal Mitra & Anr

There is a delay of 229 days in preferring the appeal.

The appellant is a nationalised bank. The appellant had suffered a decree for eviction. The appellant although had filed the written statement but did not participate in the trial of the suit. The appellant also handed over vacant possession of the suit premises in favour of the plaintiffs on 22nd June, 2013. The learned Trial Judge on consideration of the evidence on record had decreed the suit on 14th March, 2016. Under the decree, the plaintiffs should be entitled to a sum of Rs.7 lakh approximately as on date together with interest. The appellant bank has blamed its erstwhile advocate for not defending the matter properly before the learned Trial Judge and for not taking immediate steps for filing the appeal. The appellant has put up the adversarial proceedings to substantiate that in such a proceeding, an innocent litigant shall not suffer for the laches of its advocate. The prayer for condonation of delay, however, has been opposed on behalf of the plaintiffs.

Having regard to the fact that the appellant would not be benefited by the delay as the appellant would be exposed to further financial liabilities, we feel that in the instant case the appellant is able to make out sufficient cause for not being able to file the appeal within the period of limitation. The delay of 229 days in preferring the appeal is condoned, subject to the appellant paying a sum of Rs.4 lakh to the plaintiffs in the proportion to be indicated to the appellant by the respondent no.2 within a week from date. The appellant shall pay the amount of Rs.4 lakh within two weeks from the date of communication of the proportionate amounts to be paid to the plaintiffs.

The balance amount of Rs.3 lakh to be deposited with the learned Registrar General of this Court within a period of three weeks from date.

The learned Registrar General is directed to deposit the said amount in a suitable fixed deposit account yielding highest return, preferably in a nationalised bank and shall keep the said deposit renewed till disposal of the appeal.

Subject to the compliance of the aforesaid directions, the decree shall remain stayed till the disposal of the appeal. However, there shall be an unconditional stay of operation of the decree for a period of four weeks from date.

The plaintiffs shall accept the said amount. The payment and acceptance of the said amount shall without prejudice to the rights and contentions of the parties to the appeal.

CAN 8744 of 2018 and CAN 8745 of 2018 stand disposed of.

Re: FAT 38 of 2017

Let the Lower Court Records of this case be called for immediately by Special Messenger at the cost of the appellant. Such cost is to be deposited within ten days from date.

In default of putting in cost as aforesaid within time, put up for final orders.

The appellant shall prepare and file requisite number of informal paper books, printed, typewritten or cyclostyled, as the case may be, out of Court, within four weeks from the date of service of notice of appeal.

All formalities regarding preparation of paper books are dispensed with, but the learned counsel for the appellant is directed to incorporate all the relevant documents in the informal paper books.

Mr. Gurudas Mitra, respondent no.2 appearing in-person and also appearing on behalf of respondent no.1 waives service of notice of appeal upon the respondents.

Let the appeal appear in the list after eight weeks.