Branch Manager vs Damayanti Sahu And Others
2022 Latest Caselaw 1574 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       FAO No.675 of 2020
                 Branch Manager, Oriental Insurance
                 Company Ltd.                               ....           Appellant
                                           Mr. Prasanta Kumar Mahali, Advocate
                                             -versus-
                 Damayanti Sahu and Others                  ....       Respondents
                        Mr. Pradeep Kumar Mishra, counsel for Respondent No.1

                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                           ORDER

25.02.2022 Order No.

FAO No.675 of 2020 & I.A. No.683 of 2020

05. 1. Heard Mr. P.K. Mahali, learned counsel for the Appellant and Mr. P.K. Mishra, learned counsel for claimant - Respondent No.1.

2. The I.A. is for condonation of delay in preferring the appeal. It is seen that five years 203 days delay is there in filing the appeal. Mr. Mahali submits that due to late communication of the order by the concerned Advocate, delay occurred in preferring the appeal.

3. Having heard both parties and upon perusal of the record, it reveals that the grounds mentioned in the petition to condone the delay are that, the insurance company was set ex-parte before the learned Commissioner and the certified copy of the judgment was sent to the Division Office of the Appellant on 11th June, 2020 and there- after the file was processed and appeal was filed on 19th October, 2020.

4. The grounds mentioned in the petition as well as the submissions of the appellant are not satisfactory to condone such long delay.

5. Accordingly the I.A. is dismissed.

6. Resultantly the appeal is dismissed on the ground of limitation.

7. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda