Amal Kishore Mahato v. Uttam Maity

There is delay in filing the instant miscellaneous appeal for delay of 508 days for which I.A. No.4838 of 2016 was filed for condoning the delay. The ground of delay is that the appellant was suffering from Liver Cirrhosis and was under treatment and was advised by Doctor of M.G.M. hospital, Jamshedpur for complete bed rest. In reply to the I.A. filed on behalf of respondents, it has been contended that it was false statement made that the appellant was suffering from Liver Cirrhosis. In support of this, an information under Right to Information was obtained by respondent No.1 regarding the appellant’s admission to the hospital and issuance of medical certificate dated 28.07.2017 which has been enclosed with the I.A. for condonation of delay. In the information furnished by M.G.M. hospital which is annexed with the reply, it has been stated that that no such person was admitted in the hospital during the said period. Further in this period, the appellant was also taken into custody in police case which denies the statement that he was under treatment therefore, there was delay in filing miscellaneous appeal. Under the circumstance, I.A. No.4838 of 2016 for condonation of delay is rejected and the miscellaneous appeal is dismissed on the point of admission. Anit (Gautam Kumar Choudhary, J.)