Page No. 1/2 vs The Divisional Manager
2021 Latest Caselaw 2001 Gua

                                                                               Page No. 1/2

GAHC010256552019




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

                               Case No. : I.A.(Civil)/4209/2019

            ABUL HASHEM AND ANR
            S/O LATE ABDUL AZIZ, R/O VILL. RAMHARICHAR PT-III, P.O. JOYPUR, P.S.
            PANCHARATNA RPS, DIST. GOALPARA, ASSAM

            2: KADBHANU NESSA
             S/O LATE ABUL HASHEM
             R/O VILL. RAMHARICHAR PT-III
             P.O. JOYPUR
             P.S. PANCHARATNA RPS
             DIST. GOALPARA
            ASSAM

            VERSUS

            THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD.
            BONGAIGAON DIVISIONAL OFFICE, BONGAIGAON, P.O. AND P.S.
            BONGAIGAON, ASSAM, PIN 783380

Advocate for the Petitioner   : MR. M KHAN

Advocate for the Respondent : MR. A ACHARYA

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 26-08-2021

The Court proceedings have been conducted through online court proceeding services. Heard Mr. M. Khan, learned counsel for the applicants. Though the name of the learned counsel for the respondents are shown in the cause- list, none has appeared for the respondents today on call.

Page No. 2/2

The instant application has been filed under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 16 days in preferring the connected appeal. The connected appeal has been preferred against a judgment and award dated 06.06.2019 passed by the Member, Motor Accident Claims Tribunal, Bongaigaon in MAC Case no. 183/2017.

The applicants have explained in paragraphs 3 & 4 of the application, the reasons as to why the said period of 16 days had occurred in preferring the connected appeal.

I have perused the averments made in paragraphs 3 & 4 of the application. On perusal of the same, I am of the view that the applicants have been able to explain the reasons showing sufficient cause as regards the delay of 16 days had occurred and accordingly, the period of 16 days in preferring the connected appeal is condoned. The application stands allowed accordingly.

Registry to register the appeal and list the appeal for admission.

JUDGE

Comparing Assistant