National Insurance Company vs Somabari Digi & Ors
2025 Latest Caselaw 4501 Ori

Orissa High Court

National Insurance Company vs Somabari Digi & Ors on 28 February, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

       IN THE HIGH COURT OF ORISSA AT CUTTACK
                    MACA No.619 of 2020
National Insurance Company        .....    Appellant
Ltd.                                    Mr. A.K. Dash, Advocate
                             -versus-
Somabari Digi & Ors.            .....     Respondents
                                                    Mr. B. Barik, Advocate
                                                     (Respondent No. 1)
                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

28.02.2025

Order No. 04 I.A. No. 1134 of 2020

1. This matter is taken up through hybrid mode.

2. Heard learned counsel appearing for the Parties.

3. This application has been filed under Sec. 5 of the Limitation Act for condonation of delay in filing the appeal.

4. It is contended that even though the judgment in question was passed on 30.09.2019, but appeal could not be filed due to official procedure involved and the same was only filed on 03.09.2020. It is contended that since because of official procedure involved the matter got delayed, the delay in filing the appeal be condoned by taking the grounds as sufficient grounds with cost, if any.

5. Mr. B. Barik, learned counsel appearing for the Claimants- Respondents on the other hand contended that the impugned judgment was passed on 30.09.2019 and period of limitation expired on 30.12.2019.

5. Even though the appeal has been filed on 03.09.2020, but delay beyond 30.12.2019 till 03.09.2020 has not at all been explained,

save and except indicating that because of official procedure the matter got delayed. It is contended that since the delay beyond 30.12.2019 till filing of the appeal has not at all been properly explained, delay is not liable to the condoned.

6. Having heard learned counsel appearing for the Parties and considering the submissions made and the submission of the learned counsel for the Appellant that the delay be condoned subject to payment of suitable cost, this Court is not inclined to condone the delay, subject to payment of cost of Rs.6,000/- to be paid to the learned counsel for the Claimants-Respondents by 7th March, 2025.

7. I.A. accordingly stands disposed of.

(BIRAJA PRASANNA SATAPATHY) Judge

1. Heard.

2. Issue notice on the question of admission.

3. Since Mr. B. Barik, learned counsel has already entered appearance on behalf of Respondent Nos. 1 to 5, let a copy of the appeal memo be served on him by 7th March, 2025.

4. Issue notice to Respondent No. 6 (wrongly typed as Respondent No. 3) by Registered Post with AD, requisites for which shall also be filed by 7th March, 2025.

5. List this matter in the week commencing 5th May, 2025.

Reason: Authentication                                   (BIRAJA PRASANNA SATAPATHY)
Location: High Court of Orissa, Cuttack
Date: 28-Feb-2025 18:32:44                                         Judge
                         Sneha