Moirangthem Sanajaoba Singh vs Takhellambam (O) Benukumari Devi
2021 Latest Caselaw 300 Mani

                                                                         Item Nos. 1 & 2
                                                            (Through Video Conferencing)

LAIREN Digitally
       signed by          IN THE HIGH COURT OF MANIPUR
MAYUM LAIRENMAYU
       M INDRAJEET
                                    AT IMPHAL
INDRAJ SINGH
       Date:
EET    2021.11.24             MC(MACApp.) No. 8 of 2018
       15:09:12
SINGH +05'30'                            With
                                 MACApp. No. 2 of 2018


         Moirangthem Sanajaoba Singh
                                                                           ....Applicant
                                           - Versus -

         Takhellambam (O) Benukumari Devi
                                                                         ...Respondent

BEFORE HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR

24.11.2021

The 1st respondent in Motor Accidents Claim No. 11 of 2014/2 of

2014 on the file of the Motor Accidents Claims Tribunal, Thoubal, Manipur,

filed MAC Appeal No. 2 of 2018, aggrieved by the judgment and order dated

26.04.2018 passed therein, awarding compensation to the claimant, the 1st

respondent in the appeal. However, as there was delay of 82 days on his part

in filing the appeal, he sought condonation thereof by way of MC(MACApp. No.

8 of 2018).

Notice having been ordered on the condone delay application on

25.10.2018 after hearing Ms. K. Neeru, learned counsel, the 1st respondent in

the appeal entered appearance through learned counsel.

However, on 17.11.2021, Mr. Sakir Khan, learned counsel

representing Mr. T. Rajendra, learned counsel for the 1st respondent, stated

that the affidavit-in-opposition to the condone delay application had been filed

in the Registry but a copy of the same could not be served upon the other

side. On that day, there was no representation for the applicant/appellant and

his learned counsel. The same was the situation even earlier and also before

the Lok Adalat, when this case was sent for amicable settlement. This Court

accordingly directed the matter to be listed under the caption 'For Dismissal'

on 24.11.2021.

Today, the matter appears under the caption 'For Dismissal' but

there is no representation, yet again, for the applicant/appellant and his

learned counsel, in spite of their names being printed in the cause list.

Mr. Sakir Khan, learned counsel, represents Mr. T. Rajendra,

learned counsel for the 1st respondent.

In the aforestated circumstances, this Court is left with no option

but to infer that the applicant/appellant has no interest in prosecuting this

matter further.

The condone delay application is dismissed for non-prosecution.

In consequence, the MAC Appeal No. 2 of 2018 also fails and is

accordingly dismissed.

There shall be no order as to costs.

A copy of this order shall be supplied online or through whatsapp to

the learned counsel for the parties.

CHIEF JUSTICE

Indrajeet