The Oriental Insurance Co. Ltd vs Smti Champa Chetri And 3 Ors
2021 Latest Caselaw 3245 Gua

                                                               Page No.# 1/3

GAHC010027672019




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

                        Case No. : I.A.(Civil)/511/2019

         THE ORIENTAL INSURANCE CO. LTD
         A CO. REGISTERED UNDER THE COPANIES ACT 1956 REPRESENTED BY
         ITS REGIONAL MANAGER, ULUBARI, GUWAHATI-7, DIST. KAMRUP,
         ASSAM.



         VERSUS

         SMTI CHAMPA CHETRI AND 3 ORS
         W/O LATE KRISHNA BAHADUR CHETRI, R/O VILL. LALGANESH KRISHNA
         NAGAR, P.S. DISPUR, GUWAHATI, DIST. KAMRUP (M0

         2:SMTI SANU CHETRI
          D/O LATE KRISHNA BAHADUR CHETRI
         VILL. LALGANESH KRISHNA NAGAR
          P.S. DISPUR
          GUWAHATI
          DIST. KAMRUP (M)

         3:GOBINDA MANDAL
          S/O SRI KALIPARA MANDAL
          R/O VILL. LALGANESH KRISHNA NAGAR
          P.O. BINOVANAGAR
          P.S. DISPUR
          DIST. KAMRUP (M)

         4:SMTI BINA MANDAL
         W/O KALIPADA MANDAL
          R/O VILL. LALGANESH KRISHNA NAGAR
          P.O. BINOVANAGAR
          P.S. DISPUR
          DIST. KAMRUP (M
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Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent : MR H DAS (R1)




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                         ORDER

Date : 01-12-2021

Heard Mr. S.K. Goswami, learned counsel for the applicant and Mr. P. Gogoi, learned counsel for the Opposite Parties No.1 and 2.

2. Office note dated 25.11.2021 indicates that respondents No.3 and 4 have also been served.

3. This is an application filed under Section 5 of the Limitation Act read with Section 173 of the MV Act for condoning the delay of 484 days in preferring the connected MAC Appeal which is directed against the judgment and award dated 30.06.2016 passed by the learned Additional District Judge, No.2, Kamrup(M) Guwahati.

4. The delay of 484 days in preferring the connected MAC Appeal is stated to be on account of filing the review application before the learned Additional District Judge, No.2, Kamrup(M) Guwahati for review of the judgment and award dated 30.06.2016 passed in MAC Case No. 2141/2014, which was dismissed on 28.11.2017.

5. Mr. P. Gogoi, learned counsel appearing for the Opposite parties No.1 and 2 submits that he has no objection if the delay of 484 in preferring the connected MAC Appeal is condoned by this Court.

6. Upon hearing the learned counsel for the parties and on perusal of the explanation provided by the applicant, the delay of 484 days in preferring the Page No.# 3/3

connected appeal is hereby condoned.

7. The MAC Appeal shall now be registered and list it for admission hearing in the next week by showing the name of Mr. P. Gogoi, learned counsel for the respondents No.1 and 2 in the cause list.

I.A. stands allowed and disposed of.

JUDGE

Comparing Assistant