Shri Abbas Ali vs The Oriental Insurance Co. Ltd. ...
2021 Latest Caselaw 1519 Gua

                                                                        Page No.# 1/2

GAHC010075762019




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

                            Case No. : I.A.(Civil)/1183/2019

           SHRI ABBAS ALI
           S/O- LATE ABDUL LATIF,
           R/O- VILL.- HALDHIA GAON, P.O.- GOGUBARI, P.S. KALGACHIA, DIST.-
           BARPETA, ASSAM, PIN- 781319.

           VERSUS

           THE ORIENTAL INSURANCE CO. LTD. AND ANR
           TO BE REP. BY THE DIVISIONAL MANAGER, DIVISIONAL OFFICE,
           BONGAIGAON, DIST.- BONGAIGAON, ASSAM, PIN- 783390. (INSURER OF
           THE VEHICLE NO. AS-15-G-6117 (MOTOR CYCLE).

           2:MAHIR UDDIN S/O- LATE MAHAMMAD ALI
           R/O- VILL.- TARAKANDI P.O. TARAKANDI DIST.- BARPETA ASSAM
            PIN- 781321. (OWNER OF THE VEHICLE NO. AS-15-G-6117 (MOTOR CYCLE)

Advocate for the Petitioner : MR. I H LASKAR
Advocate for the Respondent : MR SISHIR DUTTA

           Linked Case :

           SHRI ABBAS ALI

           VERSUS

           THE ORIENTAL INSURANCE CO. LTD ANR

           ------------
            Advocate for :
           Advocate for : appearing for THE ORIENTAL INSURANCE CO. LTD ANR
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                                       BEFORE
                           HONOURABLE MR. JUSTICE NANI TAGIA

                                                ORDER

Date : 23.04.2021

Heard Mr. S. Alom, learned counsel for the applicant. Also heard Ms. M. Choudhury, learned counsel appearing on behalf of opposite party No. 1.

Office Note, dated 03.04.2021, indicates that AD card in respect of respondent No. 2 has been received back with a signature of the respondent No. 2. The notice on respondent No. 2, therefore, is deemed to be complete.

This is an application preferred by the applicant, under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 132 days, in preferring the connected appeal, against the judgment & award, dated 27.06.2018, passed by the learned Member, MACT, Barpeta, in MAC Case No. 865/2015.

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 stating that the delay have occurred on account of financial constraint, the applicant was facing.

Upon hearing the learned counsels appearing for the parties and on consideration of the ground assigned in paragraph No. 3 of the accompanying 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 132 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 for admission hearing after 2 weeks.

JUDGE

Comparing Assistant