Tribunals and CommissionsDivision Bench(2022) 02 TDSAT CK 0078

Bharat Sanchar Nigam Ltd vs Mahaveer Packaging Indore And Ors

Telecom Disputes Settlement And Appellate Tribunal · Decided on 18 February 2022

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
RESULT
Dismissed
CASE NUMBER
Cyber Appeal 1 Of 2021 With Misc Application 56, 57 Of 2021

AI Structured Summary

Not yet generated for this judgment

Judgment

11 paragraphs · 241 words

Heard learned counsel for the appellant and perused the application seeking condonation of delay in filing of this appeal. The impugned order was

passed on 2.1.2020 by the Adjudicating Officer/Principal Secretary, Govt. of Madhya Pradesh. The complainant has been awarded the amount he

lost from his bank account. In the transaction, a per the impugned order, Bank of Baroda as well as the appellant were found negligent and hence

both have been ordered to share equally the amount of loss which is Rs. 2,92,000/- and also damages and costs etc. amounting to Rs. 2 lakhs.

The appeal was preferred on 22.3.2021, much beyond the period of 45 days. The application to condone the delay (M.A. No. 56 of 2021) does not

contain any explanation which may satisfy this Tribunal that there was sufficient cause for not filing the appeal within the period of limitation. No

dates or details have been furnished for exercise of the prayer to condone the delay as contained in Proviso to Section 57(3) of the Information

Technology Act, 2000.

Considering the entire facts and circumstances, the interest of justice and the likely harassment which may be caused to the complainant by condoning

delay without their being sufficient explanation, the prayer to condone the delay is rejected. As a result, the appeal is dismissed as one barred by

limitation. It stands disposed of accordingly along with the pending M.As. There shall be no order as to costs. Â