The Oriental Insurance Company ... vs Anita Poddar & Ors
2022 Latest Caselaw 4266 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       M.A. No. 215 of 2014
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The Oriental Insurance Company Ltd.

.... .... .... Appellant Versus Anita Poddar & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. G.C. Jha, Advocate

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Order No.08 Dated- 18.10.2022 I.A. No.7395 of 2022 Heard the parties.

Learned counsel for the appellant submits that this interlocutory application has been filed with a prayer to delete the name of the respondent no.5- Buddhi Devi as the respondent no.5 has died leaving behind her legal representatives who are already parties to this appeal being the respondent nos.1 to 4. Hence, it is submitted that the name of the respondent no.5 be deleted from the cause title of the appeal memo.

Considering the aforesaid facts, Registry is directed to mention the word 'dead' against the name of the deceased respondent no.5 in the cause title of the appeal memo with red ink.

This interlocutory application stands disposed of accordingly.

(Anil Kumar Choudhary, J.) I.A. No.2998 of 2014 Heard the parties.

This interlocutory application has been filed with a prayer to condone the delay of 287 days in filing this appeal.

It is submitted by the learned counsel for the appellant that after the impugned judgment and award was passed, the concerned office of the appellant took some time to transmit the same in the hierarchy and in the same, considerable time was consumed resulting in delay in filing this appeal. It is further submitted by the learned counsel for the appellant that the appellant has very good grounds to agitate in this appeal and unless the delay of 287 days is condoned, the appellant will be highly prejudiced.

Considering the aforesaid facts, the delay of 287 days in filing this appeal is condoned.

This interlocutory application stands disposed of accordingly.

(Anil Kumar Choudhary, J.) M.A. No. 215 of 2014 Heard.

Admit.

Call for the Lower Court Records.

Issue notice to the respondent nos.1 to 4. The appellants are directed to file requisites for service of notice on the respondent nos. 1 to 4 by registered post with A/D as well as under ordinary process within four weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this appeal after receipt of the service report of the notice issued to the respondent nos. 1 to 4.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)