Suchitra Behera vs Malay Kumar Pati & Anr. .... Opposite ...
2023 Latest Caselaw 16040 Ori

Orissa High Court

Suchitra Behera vs Malay Kumar Pati & Anr. .... Opposite ... on 14 December, 2023

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.38261 of 2023

                 Suchitra Behera                       ....                Petitioner

                                                       Mr. A.C. Behera, Advocate

                                            -versus-
                 Malay Kumar Pati & anr.               ....          Opposite Parties



                    CORAM: JUSTICE SANJAY KUMAR MISHRA

                                          ORDER

14.12.2023 Order No.

03. This matter is taken up through hybrid mode.

2. This Writ Petition has been preferred for inaction of the court below i.e. Motor Accident Claims Tribunal-I, Bhadrak, to proceed with MAC Case No.06/23, which has been preferred by the present Petitioner, who is the claimant before the court below, admittedly beyond six months as provided under Section 166 (3) of the Motor Vehicles Act, 1988.

3. Learned Counsel for the Petitioner submits, though the claim application has been registered, the court below is not proceeding further only because of the reason of filing the same beyond the statutory period, as there is delay of 43 days after deducting the statutory period, as provided under Section 166 (3) of the Act.

4. A query being made by the court as to applicability of Section-5 of the Limitation Act so also power of the court below to condone the delay, learned Counsel for the Petitioner files a

judgment of Kerala High Court reported in 2023 Live Law (Ker) 50 (Akshya Raj v. Ministry of Law and Justice Legislative Department). The same be kept on record.

5. Issue notice to the Opposite Party No.1 & 2 by Registered Post/Speed Post with A.D. fixing a short returnable date, along with a copy of this order, indicating therein that matter is likely to be disposed of at the stage of admission.

6. Requisites be filed within three working days.

7. Matter be listed in the week commencing from 22nd January, 2024 under the same heading.

8. Office is directed to keep on record the Tracking Reports as to issuance of notices to the said Opposite Parties before the next date of listing.

(S. K. MISHRA) JUDGE Banita

Signed by: BANITA PRIYADARSHINI PALEI

Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 15-Dec-2023 16:43:19