Manager vs Gopinath Behera And Others
2022 Latest Caselaw 1774 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.346 of 2020
                 Manager, Legal, The New India
                 Assurance Company Ltd.                     ....         Appellant
                                                         Mr. S.K. Swain, Advocate
                                              -versus-
                 Gopinath Behera and Others                 ....       Respondents
                      Mr. Pradeep Kumar Mishra, counsel for Respondents 2 &3

                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                            ORDER

10.3.2022 Order No. I.A. No.177 of 2022 & MACA No.346 of 2020

05. 1. Heard Mr. S.K. Swain, learned counsel for the Appellant and Mr. P.K. Mishra, learned counsel for claimant - Respondents 2 & 3.

2. The impugned judgment is dated 6th March 2019 and the present appeal has been filed on 18th May, 2020. From perusal of the limitation petition and submission of learned counsel for the Appellant it transpires that after getting opinion from the conducting lawyer on 30th March, 2019 the file was sent to the Divisional Office wherefrom the approval to file appeal was received on 26 th February, 2020. No reason is explained for keeping the file pending in the Divisional Office for such a long period. So considerable delay appears in preferring the appeal (barring the COVID period) and the reasons explained for the same are not found satisfactory. As such, I am not inclined to condone the delay. The prayer for condone the limitation is rejected.

3. The I.A. is dismissed.

4. Consequently, the appeal is dismissed on the ground of limitation.

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

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