Kamala Bewa And Others vs Upendra Kumar Pradhan And Another
2023 Latest Caselaw 3257 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    MACA No.707 of 2011

             Kamala Bewa and others                      ....        Appellants
                                                     Mr. S. Mohanty, Advocate
                                    -versus-
             Upendra Kumar Pradhan and another           ....       Respondents


                         CORAM:
                         JUSTICE B. P. ROUTRAY

                                        ORDER

11.04.2023 Order No. I.A. No.405 of 2023 and MACA No.707 of 2011

03. 1. Heard Mr. S. Mohanty, learned counsel for the Appellants.

2. There is delay of 306 days in filing the appeal.

3. The appeal has been preferred against the impugned judgment dated 27th September, 2010 of the learned 2nd M.A.C.T., Cuttak passed in Misc. Case No.1367 of 1990, wherein learned Tribunal has passed 'nil award' for failure on the part of the claimants to adduce evidence.

4. It is seen that the claimants did not adduced any evidence even after 20 years of pendency of the claim application. The accident is dated 28.10.1990.

5. Present appeal has been preferred with delay of 306 days and no such specific reason has been mentioned in the limitation

petition explaining the reasons of delay. As such, this Court is not inclined to condone the delay.

6. The I.A. is dismissed. Consequently the appeal is dismissed on the ground of limitation.

( B.P. Routray) Judge

B.K. Barik