This court first ordered the condonation of a 293-day delay in filing an appeal, then subsequently dismissed the appeal and a related application as withdrawn by the appellant.
Delay in filing appeal was condoned; appeal and application dismissed as withdrawn.
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03 05.05.2022
Ct-08
ar
FMAT 150 of 2021 with I.A No. CAN 1 of 2020 CAN 2 of 2020
ICICI Bank Ltd. Vs. Agastya Agarwal & Ors.
Mr. Avishek Guha Ms. Neha Dutt Tewari Ms. Akansha Chopra … For the Appellant
Mr. Jishnu Chowdhury … For the Respondents
Re: CAN 1 of 2020 (Section 5)
This is an application for condonation of delay of 293 days in filing the memorandum of appeal, as reported by the Additional Stamp Reporter vide his report dated 14th December, 2020.
Sufficient cause being shown for delay in preferring the appeal beyond the statutory period, we are inclined to condone the delay of 293 days in presenting the memorandum of appeal.
The application for condonation of delay being CAN 1 of 2020 is thus allowed without any order as to costs.
Ms. Neha Dutt Tewari, learned counsel representing the appellant submits that the parties have amicably settled their disputes. Accordingly, the appellant is not willing to proceed any further.
In view of aforesaid submission of learned counsel representing the appellant, the appeal
2
being FMAT 150 of 2021 and the application being CAN 2 of 2020 stand dismissed as withdrawn.
The letter of instruction of withdrawal of the appeal sent through e-mail to the learned advocate on record for the appellant is kept with the record.
(Sugato Majumdar,J.) (Soumen Sen, J.)
2 issues framed by the court
Whether to condone the delay of 293 days in filing the appeal.
Whether to proceed with the appeal after the appellant's withdrawal.
ICICI Bank Ltd.
Agastya Agarwal & Ors.
Sugato Majumdar
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
