Page No.# 1/2
GAHC010022482019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/401/2019
SRI SANKAR MAHATO
S/O LATE DURGA MAHATO.
R/O WARD NO. 6 DHUBRI PANCHMORE PS AND DIST DHUBRI, ASSAM,
VERSUS
THE NATIONAL INSURANCE CO. LTD AND 2 ORS
REPRESENTED BY THE BRANCH MANAGER DHUBRI BRANCH, GTB
ROAD, DHUBRI, PO AND DIST DHUBRI, ASSAM 783301
2:MD. IMDADUL HOQUE
S/O MD. MOKTAR ALI
VILLAGE JHAGRARPAR PART IV.
PS DHUBRI
DIST DHUBRI
ASSAM
783325
3:JAMSER ALI
S/O MONSER ALI
VILLAGE JHAGRARPAR PART IV.
PS DHUBRI
DIST DHUBRI
ASSAM
78332
Advocate for the Petitioner : MR M MONDAL
Advocate for the Respondent : MR. J I BORBHUIYA
Page No.# 2/2
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 22.01.2021 Heard Mr. M. Mahanta, learned counsel appearing on behalf of the applicant. Also heard Mr. C. Phukan, learned counsel appearing on behalf of respondent No. 1; and Mr. S. Paul, learned counsel appearing on behalf of respondents No. 2 & 3.
This is an application preferred by the applicant, under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 15 days, in preferring the connected appeal, against the judgment & order, dated 10.10.2018, passed by the learned Member, MACT, Dhubri, Assam, in MAC Case No. 182/2012.
The reasons for delay in not filing the connected appeal within the stipulated time have been explained in paragraph No. 3 of the accompanying application.
Upon hearing the learned counsels appearing for the parties and on perusal of the explanation provided in paragraph No. 3 of this interlocutory application; I am satisfied that the applicant was prevented by a sufficient cause in not preferring the connected MAC. Appeal within the stipulated time and accordingly, the delay of 15 days in filing the connected appeal, be condoned. It is hereby accordingly ordered.
The interlocutory application stands allowed and accordingly stands disposed of. Registry shall register the connected appeal and list it accordingly.
JUDGE Comparing Assistant