Divisional Manager,Oriental Insurance Co.Ltd. v. Bharati Jena

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.730 of 2018 The Divisional Manager, The Oriental Insurance Company Limited ....

Appellant Mr. M.C. Nayak, Advocate -versusSmt. Bharati Jena and others ....

Respondents Mr. B. Singh, Advocate for Respondent Nos.1 to 3

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

20.07.2022 Order No.

I.A. No.90 of 2020 and MACA No.730 of 2018 06.

1. Heard Mr. M.C. Nayak, learned counsel for the AppellantInsurance Company as well as Mr. B. Singh, leaned counsel for the Respondent Nos.1 to 3-claimants.

2. There is delay of 591 days in filing the appeal.

3. As per the explanation offered in the limitation petition, the record was forwarded to the Divisional Office on 6.9.2016 which was received back on 17.3.2017 and the office again waited for requirement of another document, i.e. a letter showing balancesheet. Finally the appeal was filed on 25.6.2018. Such explanations offered by the Appellant in the limitation petition are not found satisfactory and therefore, this Court is not inclined to condone the delay.

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

5. 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