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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
National Insurance Co. Ltd. – Appellant
Versus
Gulapi Disari – Respondent
| Table of Content |
|---|
| 1. condonation of delay application details (Para 1 , 3) |
| 2. arguments for and against delay condonation (Para 2 , 4) |
| 3. court's analysis on delay and negligence (Para 5 , 6 , 7) |
JUDGMENT :
G. SATAPATHY, J.
1. The present Interlocutory Application in I.A. No. 213 of 2025 U/S.5 of the Limitation Act, 1963 has been filed by the appellant-petitioner to condone the delay of 313 days in preferring the appeal.
2. Heard, Mr. Subrat Satapathy, learned counsel for the appellant-insurer and Mr. R.K. Pati, learned counsel for R-7 in the matter and perused the record, but none appears for R-1 to 6 despite valid service of notice of the limitation petition.
3. In support of the claim for condonation of delay, the appellant-insurer has in fact taken the following averments in paragraph 4 of the limitation petition which reads as under:-
“4. That, it is humbly submitted that after pronouncement of judgment the counsel for the Petitioner/O.P No. 2 did not inform about the pronunciation of judgment to the T.P. Hub office of the Petitioner rather remained silent. After few months the T.P. Hub office of the Petitioner received an execution notice in the month of May 2024, then on quarry the Hu
The court determined that internal miscommunication within the insurer does not justify a delay of over 300 days in filing an appeal, emphasizing statutory obligations to act with diligence.
Statutory agencies must act with diligence in timely filing appeals; negligence does not justify delay in condonation requests.
Point of law: claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. T....
Point of Law : LPA is 916 days and as such the consideration to condone can be made only if there is reasonable explanation and the condonation cannot be merely because the appellant is public body. ....
The law of limitation applies to all parties, and mere procedural delays are insufficient for condonation; adequate justification is required.
The main legal point established in the judgment is the requirement of 'sufficient cause' for condoning delay in filing appeals under Section 173 of the Motor Vehicles Act, 1988.
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