Md. Sirajul Haque And ANR. v. Branch Manager, The Oriental Insurance Company Ltd., Patna And ORS.

Patna High Court MA No.273 of 2014 (7) dt.05-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.273 of 2014 ====================================================== Md. Sirajul Haque & Anr.

.... .... Appellants

Versus

Branch Manager, The Oriental Insurance Company Ltd., Patna & Ors. .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-09-2016 The instant memo of appeal has been filed against the judgment and award dated 11.07.2012 passed in Claim Case No. 84 of 2009 in the matter of Md. Serajul Haque & Ors. Vs. Braj Nandan Singh &Ors. by Sri Anil Kumar Srivastava, 2nd Additional District Judgecum-Claim Tribunal, Samastipur. This miscellaneous appeal has been filed after a delay of 1 year 4 months and 7 days. Limitation petition vide I. A. No. 4439 of 2015 has been filed for condoning the delay. The ground mentioned in limitation petition appears not reasonable and probable as within the knowledge of the claimants/appellants the judgment and award were passed and thereafter, the claimants did not prefer any appeal within time and kept mum and after lapse of such a long time this appeal has been filed.

Under the circumstances, finding no merit in I. A. No. 4439 of 2015, the same stands rejected, resulting, the memo of appeal being time barred also stands dismissed.

avin/- (Jitendra Mohan Sharma, J) U