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New India Assurance Co.Ltd. Vs Purna Ch.Sahoo — Insurance | Orissa HC (2022)

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Orissa HC
2022
New India Assurance Co.Ltd. Vs Purna Ch.SahooNew India Assurance Co.Ltd. v. Purna Ch.Sahoo

Dismissed

New India Assurance Co.Ltd. v. Purna Ch.Sahoo

Orissa HC25 Nov 2022MACA/683/2016

Case brief

AI extract

What is this about?

The High Court of Orissa dismissed a miscellaneous case and the insurer's appeal on the ground of limitation, expressing dissatisfaction with the appellant's explanation for the 439-day delay in filing the appeal. The court ordered the refund of the statutory deposit made by the appellant.

What did the court decide?

The statutory deposit made by the Appellant before this court with accrued interest shall be refunded to the Appellant on proper application.

What the court decided

AI extract

Outcome

The statutory deposit made by the Appellant before this court with accrued interest shall be refunded to the Appellant on proper application.

Issue for consideration

Whether the delay of 439 days in filing the appeal should be condoned. +2 more

Detailed headnote1 paragraphs

In an appeal against tribunal orders, the appellant's explanation of lack of timely intimation by conduct counsel for a delay of 439 days in filing the appeal was found unsatisfactory. The court refused to condone the limitation and dismissed both the miscellaneous case and the appeal on grounds of delay. A monetary deposit made by the appellant is to be refunded upon proper application.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.683 of 2016

The New India Assurance Company Ltd., through its Divisional Manager

…. Appellant

Mr. S.S. Rao, Advocate

-versus-

Purna Chandra Sahoo and Others

…. Respondents Mr. P.B. Sinha, counsel for Respondent No.1

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

25.11.2022

Order No.

Misc. Case No.1118 of 2016 & MACA No.683 of 2016

The matter is taken up through hybrid mode.

Heard Mr. S.S. Rao, learned counsel for the insurer – Appellant and Mr. P.B. Sinha, learned counsel for claimant - Respondent No.1.

There is delay of 439 days in filing the appeal.

The reason explained is that, conducting counsel did not intimate the Appellant in time and therefore, the Appellant was unaware of the order passed by the tribunal. This explanation offered by the Appellant is not found satisfactory in absence of any statements made regarding steps taken against the conducting counsel for not intimating the Appellant in time. This is a very common excuse taken in many cases.

Page 1 of 2

The explanation for delay being found unsatisfactory, this court is not inclined to condone the limitation. Accordingly the Misc. Case is dismissed.

Resultantly, the appeal is also dismissed on the ground of limitation.

The statutory deposit made by the Appellant before this court with accrued interest be refunded to the Appellant on proper application.

( B.P. Routray)
Judge

M.K.Panda

Page 2 of 2

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the delay of 439 days in filing the appeal should be condoned.
2.
Whether the explanation for delay is satisfactory.
3.
Whether the appeal should be allowed despite the delay.

Parties & counsel

AI extract

appellant
The New India Assurance Company Ltd.
respondent
Purna Chandra Sahoo

Coram

AI extract

B. P. Routray

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 25 Nov 2022 · November
Registered: 20 Jun 2016
Case no.: MACA/683/2016
CNR: ODHC010362042016
Topic: Insurance
Bench: B. P. Routray
Disposal: Dismissed

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Cite this judgement

New India Assurance Co.Ltd. v. Purna Ch.Sahoo, MACA/683/2016 (OD), decided on 25 November 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

B. P. Routray

Parties & counsel