MANOJ KUMAR SAHOO Vs. K.K PAL

JUDGEMENT

(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 dtd. 26/7/2016 amounting to Rs.50,000.00 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.