Laxmipriya Jena v. M/S. Sahid Cashew Processing

Orissa HC7 Jan 2025MACA/41/2023

Case brief

AI extract

What is this about?

MACA No.41 of 2023, High Court of Orissa at Cuttack, G. Satapathy J., order dated 07.01.2025; court fee exemption under Rule 22(2) Orissa Motor Vehicles (Accident Claims Tribunal) Rules 1960; 1908-day delay; S.173 Motor Vehicle Act 1988; nil award dated 17.04.2018 by 1st MACT Cuttack in MAC No.63 of 2012 (927/14); appeal by LRs of Sanjukta Dalei; notice on admission and limitation; listed 12.02.2025.

What did the court decide?

Exemption from payment of Court fees till disposal of the appeal allowed, with liability to pay the exempted Court fees on receiving the award; IA No.82 of 2023 disposed of; notice on admission and limitation ordered to be issued to the respondents; matter listed on 12.02.2025. ¶¶20

Laxmipriya Jena Vs M/S. Sahid Cashew Processing — Motor Accident Claims | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the prayer of the appellants-petitioners for exemption from payment of Court fees for the time being (IA No.82 of 2023, treated as a petition under Rule 22(2) of the Orissa Motor Vehicles (Accident Claims Tribunal) Rules, 1960) should be allowed. +1 more

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Court's answer

The prayer of the appellants for exemption of payment of Court fees for the time being stands allowed till disposal of the appeal.

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Ratio / Principle

The appellants shall remain liable to pay the Court fees as exempted by this order at the time of receiving the award.

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Key takeaways

On the 1908-day delay in filing the appeal under S.173 of the Motor Vehicle Act, 1988, notice on admission and limitation was ordered to be issued to the respondents by Speed Post/Registered Post with AD, requisites to be filed within three working days; condonation of delay was not decided at this stage and the matter was listed on 12.02.2025.ratio¶¶22

Detailed headnote1 paragraphs

Orissa High Court (G. Satapathy, J.), order dated 07.01.2025 in MACA No.41 of 2023: appeal by the LRs of deceased claimant Sanjukta Dalei, filed with a delay of 1908 days under S.173 of the Motor Vehicle Act, 1988, against the nil award dated 17.04.2018 of the learned 1st MACT, Cuttack in MAC No.63 of 2012 (927/14), passed for her non-appearance. IA No.82 of 2023 treated as a petition under Rule 22(2) of the Orissa Motor Vehicles (Accident Claims Tribunal) Rules, 1960; exemption from payment of Court fees allowed till disposal of the appeal, the exempted court fee being payable on receiving the award; IA No.82 disposed of. Notice on admission and limitation ordered to be issued to the respondents (M/s. Sahid Cashew Processing and others); matter listed on 12.02.2025. Condonation of delay not decided at this stage.

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.41 of 2023

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Laxmipriya Jena and others …

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Appellants

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Mr. P.K. Biswal, Advocate

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-versus-

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M/s. Sahid Cashew Processing and others

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… Respondents

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CORAM: JUSTICE G. SATAPATHY

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Order No.

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02.

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ORDER(ORAL) 07.01.2025

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I.A. No.82 of 2023, IA No.81 of 2023 & MACA

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No.41 of 2023

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

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The appellants-petitioners have of course not filed the petition under relevant provision, but the IA No.82 of 2023 is treated to be a petition under Rule22(2) of the Orissa Motor Vehicles (Accident Claims Tribunal) Rules, 1960 (in short, “the Rules”) by the appellants-petitioners for exemption from paying of Court fees for time being.

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Heard learned counsel for the appellants and perused the record.

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After hearing learned counsel for the appellants and on going through the averments of the IA, the prayer of the appellants for exemption of payment of Court fees for the time being stands allowed till disposal of this appeal. It is, however, made clear that the

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appellants shall be liable to pay the Court fees as exempted by this order at the time of receiving the award.

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Accordingly, the IA No.82 of 2023 stands disposed of.

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This appeal by the LRs of the claimant which has been filed with a delay of 1908 days U/S.173 of the Motor Vehicle Act, 1988 (in short, “the Act”) is directed against the order dated 17.04.2018 passed by the learned 1^st MACT, Cuttack in MAC No.63 of 2012 (927/14) passing a nil award for the non-appearance of the original petitioner namely Sanjukta Dalei, who has already passed away in the meanwhile. 7. Heard Mr. P.K. Biswal, learned counsel for the appellants, who submits that due to death of the original claimant, her LRs could not know about the disposal of the case and, thereby, delay has occasioned in preferring this appeal against the nil award passed by the learned 1^st MACT, Cuttack.

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In view of the aforesaid submission, issue notice on admission and limitation to Respondents by Speed Post/Registered Post with AD fixing a short returnable date. Requisites for issuance of notice shall be filed within three working days.

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List this matter on 12.02.2025.

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(G. Satapathy)

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA DAS Subhasmita Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 08-Jan-2025 17:48:22

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Judge

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Laxmipriya Jena v. M/S. Sahid Cashew Processing

Case brief

What is this about?

What did the court decide?

Laxmipriya Jena v. M/S. Sahid Cashew Processing

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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