The National Insurance Company ... vs Sri Biju Biswas And 2 Ors
2021 Latest Caselaw 1517 Gua

                                                                  Page No.# 1/2

GAHC010247942019




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

                               Case No. : I.A.(Civil)/3975/2019

            THE NATIONAL INSURANCE COMPANY LIMITED
            REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA-
            700071, REPRESENTED BY THE MANAGER, GAUHATI REGIONAL OFFICE,
            BHANGAGARH, GUWAHATI-781005



            VERSUS

            SRI BIJU BISWAS AND 2 ORS
            S/O LATE UPENDRA CHANDRA BISWAS, RESIDENT OF VILLAGE SERELIA
            BEHALI MIKIR, P.O. SERELIA VIA BORGANG, P.S. BEHALI, DISTRICT
            SONITPUR, ASSAM, PIN 784179

            2:SMTI. BINA BISWAS
            W/O SRI BIJU BISWAS
             RESIDENT OF VILLAGE SERELIA BEHALI MIKIR
             P.O. SERELIA VIA BORGANG
             P.S. BEHALI
             DISTRICT SONITPUR
            ASSAM
             PIN 784179

            3:MD. JAKIR KHAN
             S/O MD. ALAM KHAN OF VILLAGE SUKANSUTI
             P.O. BORGANG
             DISTRICT SONITPUR
            ASSAM
             PIN 78416

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MR. S CHAUHAN
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                                    BEFORE
                        HONOURABLE MR. JUSTICE NANI TAGIA

                                           ORDER

Date : 23-04-2021

Heard Ms. R.D. Mozumdar, learned counsel for the applicant. None appears for the opposite-parties whereas the name of the learned counsel representing opposite-party nos. 1, 2 and 3 have been shown in the Cause List.

This is an application under Section 5 of the Indian Limitation Act, 1963 for condonation of delay of 177 days in filing the connected appeal which has been directed against the Judgment dated 05.02.2019 passed by the learned Commissioner, Employees' Compensation Zone-III, Tezpur, Sonitpur, Assam, in Case No. SEC 15/2015.

The delay of 177 days in filing the connected appeal has been explained by the applicant in paragraphs 3 to 8 wherein it has been stated that the delay had occurred on account of seeking a legal opinion with the dealing counsel as well as another subsequent legal opinion from the High Court counsel. In addition thereto the applicant further states that fraud is also involved in the instant case.

Having heard the learned counsel for the applicant and on consideration of the explanation provided in the accompanying application as referred to hereinabove, I am of the considered view that delay of 177 days in filing the connected appeal be condoned in the interest of justice. Accordingly, delay of 177 days in filing the connected appeal is hereby condoned.

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

The I.A. stands allowed and disposed of.

JUDGE Comparing Assistant