Jharkhand High Court
The Branch Manager vs Anandi Prasad Choudhary & Ors on 25 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 331 of 2018
The Branch Manager, United Indian Insurance
Company, Ranchi............ Appellants
Versus
Anandi Prasad Choudhary & Ors............ Respondents
......
Coram: Hon'ble Mr. Justice Ananda Sen
......
For the Appellants : Mr. Manish Kumar, Advocate
For the Respondents : Mr. Nityanand Pd. Choudhary, Advocate
: Mr. D.C.Ghosh, Advocate
......
I.A. No. 4840 of 2018
11/25.10.2021 This interlocutory application has been filed under Section 5 of
the Limitation Act, to condone the delay of 110 days, occurred in filing this
appeal.
Counsel for the appellant submits that after the award was
passed, the certified copy of the impugned judgment and award was sent
to the office of the appellant. An opinion was sought for from the counsel
whether to file appeal or not. Once the opinion was obtained, the same
was provided to the Chief Regional Manager, Ranchi and, thereafter, all
the documents were obtained and the counsel in the High Court was
contacted and thereafter, the appeal was drafted and filed. He submits
that these processes consumed sometime resulting in delay of 110 days in
filing this appeal. He submits that since substantial points have been
raised in this appeal, the delay may be condoned.
Counsel appearing on behalf of respondents does not have any
objection in condoning the delay of 110 days.
Considering the statements made in the interlocutory application,
filed under Section 5 of the Limitation Act and also taking into
consideration the delay, which has been caused because of the procedure,
which had to be followed in the office of the appellant, this Court is of the
opinion that the reasons have sufficiently been explained by the appellant
for condoning the delay of 110 days, occurred in filing this appeal.
Accordingly, this interlocutory application is allowed. The delay of 110
days, occurred in filing this appeal is hereby condoned.
I.A. No. 4840 of 2018 stands disposed of.
I.A. No. 4294 of 2021
This interlocutory application has been filed under Order 22 Rule
10 A of C.P.C. by the respondent-claimant informing that Respondent No.
1 Anandi Prasad Choudhary has died on 05.12.2018. It has been
mentioned in Para-3 that the deceased has left behind his widow
Godawari Choudhary and his son Parveen Kumar Choudhary as his legal
heirs.
By way of information, this fact has been brought to the notice of
this Court. A copy of this interlocutory application has also been served
upon the counsel appearing for the appellant.
The fact, mentioned in this petition, has been noted.
I.A. No. 4294 of 2021 stands disposed of.
M.A. No. 331 of 2018
List this appeal after two weeks as Mr. Manish Kumar, learned
counsel for the appellant submits that he will file some application
supplementing the substitution application.
(Ananda Sen, J)
Mukund/-cp.2
