Manager Legal, The New India Assurance Co. Ltd. v. Gopinath Behera

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.346 of 2020 Manager, Legal, The New India Assurance Company Ltd.

....

Appellant Mr. S.K. Swain, Advocate -versusGopinath Behera and Others ....

Respondents Mr. Pradeep Kumar Mishra, counsel for Respondents 2 &3

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

10.3.2022 Order No.

I.A. No.177 of 2022 & MACA No.346 of 2020 05.

1.

Heard Mr. S.K. Swain, learned counsel for the Appellant and Mr. P.K. Mishra, learned counsel for claimant - Respondents 2 & 3. 2.

The impugned judgment is dated 6th March 2019 and the present appeal has been filed on 18th May, 2020. From perusal of the limitation petition and submission of learned counsel for the Appellant it transpires that after getting opinion from the conducting lawyer on 30th March, 2019 the file was sent to the Divisional Office wherefrom the approval to file appeal was received on 26th February, 2020. No reason is explained for keeping the file pending in the Divisional Office for such a long period. So considerable delay appears in preferring the appeal (barring the COVID period) and the reasons explained for the same are not found satisfactory. As such, I am not inclined to condone the delay. The prayer for condone the limitation is rejected.

3.

The I.A. is dismissed.

4.

Consequently, the appeal is dismissed on the ground of limitation.

5.

An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda