Calcutta High Court (Appellete Side)
Jupiter Wagons Ltd vs Nangalia Hydrocarbon Ltd on 21 June, 2024
FAT-151 of 2024
21.06.2024
Item no.07
Court No.50
Jupiter Wagons Ltd.
Vs.
Nangalia Hydrocarbon Ltd.
Ld. Advocate Mr. Saptarshi Bhattacharjee
appears for appellant.
Ld. Counsel for the appellant submits that he will
file the D.C.F as directed by this court.
Ld. Counsel further submits that there is no
delay in filing the appeal as the same has been
preferred after passing of the decree and the same
is within the statutory period of time.
Perused the office report dated 20.06.2024.
It transpires from the office report that :
1.Proper Court Fees being Rs. 20,370/-, the instant appeal is preferred with Court Fees of Rs. 100/- only, leaving a deficit of Rs. 20,270/-.
2. Valuation statement mentioned in the instant Memo of Appeal does not tally with that of the impugned decree, hence same calls for rectification.
3. The appeal is delayed by 40 days and no application for condonation of delay is with the memo of appeal. .
In view of the above, Since there is a question of D.C.F, the Ld. Advocate for the appellant is hereby directed to put the D.C.F by 25.06.2024 positively, in default, the mater will be placed before the Hon'ble Bench for necessary direction.
Since, there is an another question of filing an application Under Section 5 of Limitation Act for delay as indicated in the office report, let the department revisit the report within one week from date.
Ld. Counsel for the appellant is also directed to remove the other defect as indicated hereinabove within a period of one week from date positively.
(Nabanita Ray) Registrar Administration (L&OM)