The Branch Manager vs Sahida Bewa & Others
2023 Latest Caselaw 1345 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   M.A. No.192 of 2020
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The Branch Manager, New India Assurance Company Ltd., Deoghar .... .... .... Appellant Versus Sahida Bewa & Others .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Pratyush Kumar, Advocate For the Resp. Nos.1 and 2 : Mr. Md. Yasir Arafat, Advocate

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Order No.04 Dated- 27/03/2023 I.A. No.3950 of 2020 Heard the parties.

2. Learned counsel for the appellant submits that this interlocutory application has been filed with a prayer to condone the delay of 277 days in filing the instant appeal. It is next submitted that after passing of the impugned judgment, sometime was consumed in obtaining the documents and thereafter there was COVID-19 pandemic which also caused delay in filing in the appeal. It is further submitted that the delay caused in filing the instant appeal is neither deliberate nor intentional. It is also submitted that the appellant has very good grounds to agitate in this appeal and unless the delay caused in filing the instant appeal is condoned, the appellant will be highly prejudiced. Hence, it is submitted that the delay caused in filing the instant appeal be condoned.

3. Considering the aforesaid facts, the delay of 277 days in filing the instant appeal is condoned.

4. This interlocutory application stands allowed.

(Anil Kumar Choudhary, J.) M.A. No.192 of 2020 This appeal will be heard.

Admit.

Call for the lower court records.

Mr. Md. Yasir Arafat- learned counsel, receives notice of this appeal on behalf of the respondent Nos.1 and 2.

Issue notice to the respondent No.3.

The appellant is directed to file requisites for service of notice upon the respondent No.3 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 thereafter.

Animesh/                                    (Anil Kumar Choudhary, J.)