Divisional Manager, The New India Assurance Co. Ltd. v. Kiran Agrawal

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.224 of 2020 Divisional Manager, The New India Assurance Co. Ltd.

....

Appellant Mr. G.C. Samantaray, Advocate -versusSmt. Kiran Agrawal and others ....

Respondents Mr. S. Khan, Advocate for Respondent Nos.1 to 3

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

08.08.2022 Order No.

I.A. No.691 of 2022 and MACA No.224 of 2020 04.

1. Heard Mr. G.C. Samantaray, learned counsel for the AppellantInsurance Company as well as Mr. S. Khan, leaned counsel for the Respondent Nos.1 to 3-claimants.

2. There is delay of 450 days in filing the appeal.

3. The grounds as stated in the petition as well as submitted by Mr. Samantaray that since the file was misplaced due to renovation work in the regional office, the delay is occurred in filing the appeal.

4. The explanation does not approve the principles of sufficient cause to condone the delay. Accordingly, this Court is not inclined to condone the delay, the reasons being unsatisfactory.

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

6. The statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company on proper application.

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