Dileswar Behera vs Bibhu Prasad Senapati & Another
2023 Latest Caselaw 12390 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               MACA No.553 of 2020

            Dileswar Behera                         ....             Appellant
                                                         Mr. K.K.Das,Advocate
                                     -versus-
            Bibhu Prasad Senapati & another         ....          Respondents
                                                                          .

                      CORAM:
                      JUSTICE A.K.MOHAPATRA


                                        ORDER

11.10.2023 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Office noting shows that the notice issue to Respondent Nos. 1 & 2 by Regd. post and the AD has not received back after valid service of the notice. However none appears for the Respondent.

3. Mr. G.P. Dutta, learned counsel who usually appears for the Insurance company accepts notice on behalf of the Respondent No.2. Accordingly, extra copy of the appeal memo be served on Mr. Duta within a week.

4. The appeal is listed for admission in the week commencing 30th of October, 2023.

I.A. No.864 of 2020

5. Heard learned counsel for the Appellant as well as appearing for the Respondent No.2. Despite valid service of notice none appears on behalf of Respondent No.1.

// 2 //

6. On verification of record it is observed that the impugned judgment was delivered on 21.01.2020. Therefore, the appeal should have been preferred within 90 days from the date of the judgment delivered by the 2nd Additional District Judge-cum-3rd MACT, Cuttack. Since the last date of limitation form within the Corona lock down period and in view of the judgment of Hon'ble Supreme Court in RE No.3 of 20 such period is excluded while calculating the limitation. The present appeal was presented on 03.08.2020, therefore there is no delay in the eye of law.

7. Accordingly I.A. is disposed of as not pressed.

(A.K. Mohapatra) Judge Rubi

Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Oct-2023 10:59:10