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2021 DIGILAW 280 (ORI)

Manoj Kumar Sahoo v. K. K Pal

2021-06-29

BISWANATH RATH

body2021
JUDGMENT 1. This matter is taken up by video conferencing mode. Heard Sri P.K.Pratap, learned counsel for the Petitioner and Sri S.Satapathy, learned counsel, who usually appears for O.P.2-Insurance Company. 2. This Writ Petition involves a challenge to the order passed by the 3rd MACT, Jajpur. 3. A serious allegation is made involving non-release of the benefit accrued by way of disposal of MACC No.164 of 2011 on account of delayed attempt of handing over the cheque to the Petitioner being submitted by the Insurance Company. On an application being filed for revalidation of cheque involved, same had been refused to be entertained by the Tribunal resulting in filing of the present Writ Petition. Perused the grounds of rejection by the 3rd MACT, Jajpur. There is no dispute that the Petitioner is enjoying the award in disposal of MACC No.164 of 2011 and the dues become admissible. There is also no dispute forthcoming from the pleading as well as the recording of the Tribunal that there has been finality to such issue. There has been extending of the cheque no.008709 dated 26.7.2016 amounting to Rs.50,000/- of HDFC Bank, Bajrakabati road, Cuttack appears to have been received by the Court on 3.10.2016. A letter being issued thereafter by the Court to the Claimant, the Claimant could not appear within due time and the cheque got expired while remaining in custody of the Tribunal itself. On his appearance, the Counsel for the Claimant filed an application on 1.8.2018 for passing necessary order for revalidating the cheque, which period has already been expired for not being delivered to the Claimant in due time. It is considering such application, it appears, the 3rd MACT, Jajpur while declining to entertain such application has come to observe that since the Tribunal has become ex functus officio, it has no jurisdiction to entertain any such application. 4. Sri Satapathy, learned counsel for the Insurance Company submitted that in the event the validity of the cheque got expired for delay disbursal of the same in favour of the Claimant, it becomes the duty of the Court to direct the Insurance Company for validation of the cheque involved and as such, the Insurance Company should not be found to be in fault. Sri Satapathy further submitted that for the entitlement already determined by the same Tribunal in favour of the Claimant remaining unchallenged, nothing prevented the Tribunal to pass appropriate order in the matter of validating the cheque by giving suitable direction to the Insurance Company. 5. Considering the submission of the learned counsel for the Insurance Company as well as the Claiamnt, this Court finds, there is mechanical disposal of the issue involved in the Application of the Claimant by the 3rd MACAT, Jajpur and the Tribunal failed in discharging its duty in the given circumstance. This Court observes, for the determination of the award by the 3rd MACAT, Jajpur, it is only the Tribunal could have passed for validation of the cheque, if the cheque could not be delivered in favour of the Claimant in due time even if the time lapsed. This Court also observes, in the event, there is lapse of time in the transaction of the cheque and for pendency of the same in a Tribunal, nothing prevented the Tribunal to pass appropriate order for validating the cheque. This Court further observes, there is no fault at the instance of the Claimant. 6. In such view of the matter, this Court interferes with the impugned order dated 7.3.2019, sets aside the same and remits the matter to the 3rd MACAT, Jajpur for allowing the application and giving suitable direction to the Insurance Company for re-submitting the validated cheque within a period of seven days of receipt of this order. For the order being passed in presence of the learned counsel for the Insurance Company, the Insurance Company may also volunteer to file a validated cheque and ask the Tribunal to get return of the invalid cheque within ten days hence. 7. With the above order, the Writ Petition stands disposed of. 8. As restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilise the soft copy of this order available in the High Court's Website or Print Out thereof at par with certified copies in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020 subject to it being attested by the Advocate concerned.