Durga Pujari vs Tata A.I.G. Life Insurance Company ...
2025 Latest Caselaw 898 Chatt

Chattisgarh High Court

Durga Pujari vs Tata A.I.G. Life Insurance Company ... on 1 August, 2025

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       Digitally
       signed by
       AYUSHI
AYUSHI SINGH
SINGH Date:
       2025.08.01
       17:08:19
       +0530                HIGH COURT OF CHHATTISGARH AT BILASPUR
                                                 FA No. 136 of 2020
                    DURGA PUJARI versus TATA A.I.G. LIFE INSURANCE COMPANY LIMITED

                                                       Order Sheet



                     01/08/2025         Mr. Mayank Gupta, counsel appears on behalf of Mr.

                                  Manoj Paranjpe, counsel for the appellant.

                                        Mr.   Amit      Kumar    Washinde,   counsel   for   the

                                  respondent.

Heard on I.A. No.1/2020, application under Section 5

of the Limitation Act.

Learned counsel for the appellant submits that prior

to passing of impugned judgment by the trial Court,

appellant/ defendant was diagnosed with prostate cancer,

thereafter, he was busy in treatment as also during that

time, COVID-19 pandemic situation occurred, therefore,

because of all these reasons delay of 312 days occurred in

filing the appeal.

Learned counsel for respondent submits that no

reliable document has been filed by the appellant to

substantiate his contention and further appellant / defendant

was contesting his case through power of attorney holder.

Therefore, cause shown by appellant in filing belated

appeal cannot be held sufficient. Hence, I.A. No.1/2020, is

liable to be rejected.

Considered the facts & circumstances in filing the

delayed appeal and taken into consideration submission

putforth by both the parties and perused the record with

utmost circumspection.

Since appellant/ defendant is said to be suffering from

prostate cancer for which he has filed various medical

documents on record and after passing of impugned

judgment, COVID-19 pandemic occurred from March, 2020,

delay of 312 days in filing the instant appeal is found to be

bonafide.

In view of above, I.A. No.1/2020 is allowed and delay

of 312 days in filing appeal is condoned.

List the case for final hearing in the motion hearing

list, in the week after next.

SD/-

(Naresh Kumar Chandravanshi) Judge Ayushi