Divisional Manager, New India Assurance Co. Ltd. v. Manjulata Mallik

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.172 of 2020 Divisional Manager, New India Assurance Co. Ltd.

....

Appellant Mr. S. Satapathy, Advocate -versusManjulata Mallik and others ....

Respondents Mr. B. Singh, Advocate for Respondent No.1

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

07.04.2022 Order No.

I.A. No.339 of 2020 and MACA No.172 of 2020 05.

1. Heard Mr. S. Satapathy, learned counsel for the AppellantInsurance Company as well as Mr. B. Singh, leaned counsel for the Respondent No.1-claimant.

2. There is delay of 348 days in filing the appeal.

3. Upon perusal of the limitation petition filed by the Appellant, it is found that after passing of the impugned judgment, the file was sent by the Divisional Office to the Regional Office and it was received back from the Regional Office on 20.2.2020 with instruction to prefer the appeal. No reason has been explained for keeping the file pending at the Regional Office till 20.02.2020. As such the grounds mentioned to condone the delay are not found satisfactory and this Court is not inclined to condone the delay. The prayer to condone the delay is rejected.

4. The I.A. is dismissed. Consequently the appeal is dismissed on the ground of limitation.

( B.P. Routray) Judge B.K. Barik