SARASWATI DEVI GUPTA Vs. STATE BANK OF BIKANER JAIPUR

JUDGEMENT

(1.) THIS is an application moved by the appellant in Appeal No. 249/2001 for condonation of delay in filing the appeal against order dated 31.8.2001. From the certified copy of the impugned order filed, it transpires that application for a certified copy was moved on 3.9.2001 and the same was delivered to the appellant on 10.9.2001. Since time for filing the appeal is 45 days from the date of receipt of the copy of the impugned order, the appeal could be filed in time by 23.10.2001. In fact, the appeal has been filed on 16.11.2001, making a delay of about 25 days.

(2.) The grounds for condonation of delay, as have been taken in this application, are that from 23.9.2001 till 20.10.2001, the appellant was seriously sick and was suffering from acute depression and drowsiness. A certificate to that effect has been filed. It has been averred that when the appellant was in a position to sign the memorandum of appeal, it reached her Counsel at Delhi after signature on 25.10.2001 and by that date, time for filing appeal had already expired and, therefore, an application for condonation of delay was drafted and sent to the appellant at Ganganagar in Rajasthan and after the same was duly signed by the appellant and received by the Counsel for the appellant, the appeal along with application for condonation of delay was filed.

(3.) THIS application has been vehemently opposed by learned Counsel for the respondent.