Oriental Insurance Company Ltd vs Mrs. Kulsuma Khatun And 2 Ors
2021 Latest Caselaw 1484 Gua

                                                                       Page No.# 1/3

GAHC010098892019




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : I.A.(Civil)/1999/2019

            ORIENTAL INSURANCE COMPANY LTD.,
            HAVING ITS REGIONAL OFFICE AT GUWAHATI, G.S. ROAD, ULUBARI,
            GUWAHATI- 781007, REP. BY THE REGIONAL MANAGER, GAUHATI
            REGIONAL OFFICE, ULUBARI, GUWAHATI- 781007.



            VERSUS

            MRS. KULSUMA KHATUN AND 2 ORS
            W/O- LATE ABDUL RASHID, R/O- VILL.- JANGONIGAON, P.O. AND P.S.
            JURIA, DIST.- NAGAON, ASSAM, PIN- 782124.

            2:MRS. SAHAR BANU
            W/O- LATE ABDUL RASHID
             R/O- VILL.- JANGONIGAON
             P.O. AND P.S. JURIA
             DIST.- NAGAON
            ASSAM
             PIN- 782124.

            3:MD. YAKUB ALI
             S/O- MD. ENUS ALI
             C/O- Z. ZAMAL
             H/NO. 43 OF ANANDA NAGAR
             CHRISTIAN BASTI
             P.O. DISPUR
             DIST.- KAMRUP(M)
             GUWAHATI
            ASSAM
             PIN- 781005

Advocate for the Petitioner   : MS. R D MOZUMDAR
                                                                                   Page No.# 2/3

Advocate for the Respondent : MR. C PRADHAN (R1, R2)




             Linked Case :

             ORIENTAL INSURANCE COMPANY LTD



             VERSUS

             MRS. KULSUMA KHATUN AND 2 ORS



             ------------
             Advocate for :
             Advocate for : appearing for MRS. KULSUMA KHATUN AND 2 ORS



                                    BEFORE
                        HONOURABLE MR. JUSTICE NANI TAGIA

                                          ORDER

Date : 20-04-2021

Heard Ms. R. D. Mozumdar, learned counsel for the applicant and Mr. B. J. Mukherjee, learned counsel on behalf of Mr. H. Buragohain, learned counsel for the opposite party Nos.1 and 2.

In terms of the order dated 23.02.2021, the applicant has filed an additional-affidavit dated 30.03.2021 enclosing the newspapers, "the Assam Tribune" dated 12.03.2021 and "the Dainik Asom" dated 12.03.2021, wherein notice to the opposite party No.3 have been published.

In view thereof, notice on opposite party No.3 is deemed to be completed. This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 14 days in preferring the connected MFA, which has been directed against the judgment and order dated 20.02.2019, passed by the Commissioner for Employees Page No.# 3/3

Compensation, Nagaon, Assam in N.E.C Case No.37/2017.

The delay of 14 days in preferring the connected MFA has been explained in paragraph Nos.3 to 8 of the accompanying application, wherein the delay of 14 days have been attributed to the legal opinion that was sought for and thereafter, getting approval for preferring of the appeal from the competent authority.

Having heard the learned counsels for the parties and on perusal of the explanations provided in the accompanying application, I am satisfied that the applicant was prevented by a sufficient cause in not preferring the connected appeal within the stipulated period.

Accordingly, delay of 14 days in preferring the connected appeal is hereby condoned.

The Registry shall register the connected MFA appeal and list it for Admission hearing after 2(two) weeks.

The I.A. stands disposed of.

JUDGE

Comparing Assistant