Bidhan Chandra Trigunait vs Nasartulla & Ors
2024 Latest Caselaw 890 Jhar

Jharkhand High Court

Bidhan Chandra Trigunait vs Nasartulla & Ors on 29 January, 2024

Author: Subhash Chand

Bench: Subhash Chand

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
             M.A.No. 318 of 2008
Bidhan Chandra Trigunait
@ Bidhan Chandra Trigunit.       .... ... Appellant
                     Versus
Nasartulla & Ors.                .... ... Respondents
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

For the Appellant : Mr. Arvind Kumar Lall, Advocate For the Res. No.3 : Mr. Alok Lal, Advocate For the Res. No. 1 & 2 : None

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Order No. 13/ dated 29.01.2024 I.A.No.2151 of 2009 The instant Interlocutory Application is for condonation of

delay of 467 days in preferring this appeal against the impugned

Judgment.

2. The grounds shown in this I.A. is found sufficient.

3. The learned Counsel for the respondent has no objection for

the same.

4. The delay of 467 days in preferring this appeal is hereby

condoned.

5. Accordingly, I.A.No.2151 of 2009 stands disposed of.

M.A.No. 318 of 2008 On behalf of appellant, learned Counsel Mr. Arvind Kumar

Lall and on behalf of Res. No.3 Mr. Alok Lal are present.

2. No one appears on behalf of respondent No. 1 & 2.

3. The learned Counsel for the appellant has submitted that

the appellant has died more than one year ago and no one legal

heir has come forward to move the Substitution Application on

behalf of deceased-appellant.

4. Since no one legal heir of the deceased appellant-Bidhan

Chandra Trigunait @ Bidhan Chandra Trigunit has come forward

to be substituted in this appeal, this appeal stands abated.

5. So far as the impugned award is concerned which was

passed against Bidhan Chandra Trigunait @ Bidhan Chandra

Trigunit after his death no one legal heir of him has challenged

the impugned award having come forward to be substituted in

this appeal, the impugned award may be executed by the learned

Tribunal concerned. Recovery of the said amount may be made

from his assets under the proceeding under Section 174 of M.V.

Act.

6. In view of the above, this appeal stands disposed of.

(Subhash Chand, J.) P.K.S.