Allowed

Biswanath Rana v. Rabindra Nath Samal

Orissa HC14 Nov 2019MACA/564/2018

Case brief

AI extract

What is this about?

The Court set aside the nil award passed by the First M.A.C.T. due to the appellant's repeated absence. The matter was remanded for disposal, keeping the question of interest from 2014 to 2018 open for factual consideration by the Tribunal.

What did the court decide?

Impugned order dated 06.03.2018 set aside; matter remanded to First M.A.C.T., Cuttack for disposal. Question of interest kept open.

Biswanath Rana Vs Rabindra Nath Samal — Service and Employment | Orissa HC (2019)

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MACA No.564 of 2018

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04. 14.11.2019 Heard learned counsels for the parties.

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Order dated 06.03.2018 disposing of M.A.C. Case No.287 of 2014 by the learned First M.A.C.T., Cuttack, by passing nil awards is impugned before this Court in this Appeal.

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As the petitioner was absent on repeated calls and as he was found to be insincere to attend the Court since long, the matter was disposed of by passing nil awards before Framing of Issues.

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Learned counsel for the Respondent – Insurance Company submits that, from the impugned order it is clear that on 06.03.2018 the petitioner was absent on repeated calls of the Court, and on perusal of the case record learned First M.A.C.T. found that for a pretty long period the petitioner was neither attending the Court nor was he taking any step in the case. Learned counsel for the Respondent – Insurance Company further submits that such conduct by the petitioner shows that the petitioner was never diligent in prosecuting the lis.

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In view of such fact, it is submitted by the learned counsel for the Respondent - Insurance Company that, for the period the petitioner was not diligent from 2014 till 06.03.2018 no interest be saddled on the Insurance Company for payment to the petitioner, in case any award is passed in favour of the petitioner.

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Regard being had to the facts and submission and in order to give a chance to the petitioner, the Appeal is disposed of and the impugned order dated 06.03.2018 is set aside. The matter is remanded back to the learned First M.A.C.T., Cuttack for disposal in accordance

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with law from the stage it was there on 06.03.2018. The question of payment of interest to the claimants from 2014 till 06.03.2018 in case of any award is passed is kept open to be decided by the learned Tribunal on facts and circumstances of the case.

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The MACA is accordingly disposed of.

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As the matter is of the year 2014, the same be disposed of within a period of six months from the date of production of a certified copy of this order, if the board of the learned Tribunal is otherwise clear. Urgent certified copy of this order be granted as per the

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rules.

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C.R. Dash, J.

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Parida

Biswanath Rana v. Rabindra Nath Samal

Case brief

What is this about?

What did the court decide?

Biswanath Rana v. Rabindra Nath Samal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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