The High Court, Lucknow Bench dismissed the appellant's challenge regarding limitation bar, holding that computation cannot start from the award date. Leave was granted to file an application under Section 5 of the Limitation Act.
Leave granted to file application under Section 5 of the Limitation Act within a week.
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Court No. - 8
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 123 of 2024
Appellant :- The Oriental Insurance Company, Raebareli Thru. Manager Respondent :- Smt. Madhuri And Others Counsel for Appellant :- Atul Mishra
Hon'ble Jaspreet Singh,J.
The instant appeal is reported to be barred by 18 days. However, learned counsel for the appellant had noted that he shall challenge the same report and make his submission before the Court.
According to the appellant since the award was prepared on 13.04.2024, hence, the limitation shall be counted from the said date.
The aforesaid argument is apparently misconceived for the reason that the judgment is dated 03.04.2024 and the appellant had applied for the certified copies on 16.04.2024 both in respect of the judgment and award. Both these documents were prepared on 01.06.2024, hence, the submission that the limitation should be counted from 23.04.2024 is not tenable. Accordingly, his submission is rejected.
Learned counsel for the appellant at this stage submits that he wishes to file an application under Section 5 of the Limitation Act.
Let the same be done within a week.
List thereafter.
Order Date :- 13.9.2024 Rakesh/-
Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the appeal is barred by limitation.
Whether limitation should be computed from the date of award or date of judgment.
Whether leave to file the appeal under Section 5 of the Limitation Act should be granted.
1 provisions across 1 enactments
The Oriental Insurance Company, Raebareli
Smt. Madhuri And Others
Rakesh Prajapat
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
