Gauhati High Court
New India Assurance Company Ltd vs Smt. Saraswati Devi And 2 Ors on 9 December, 2021
Page No.# 1/3
GAHC010144812021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1939/2021
NEW INDIA ASSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NEW INDIA
ASSURANCE BUILDING 87, MAHATMA GANDHI ROAD, MUMBAI AND
ONE OF THE NORTH EAST REGIONAL OFFICE AT ULUBARI, G.S ROAD,
GUWAHATI
VERSUS
SMT. SARASWATI DEVI AND 2 ORS.
W/O LATE ANIL NATH, R/O VILL-PATIDOL BHERELA, P.O. AND P.S.-
MISSAMARI, DIST-SONITPUR, ASSAM, PIN-784506
2:GAKUL BORO
S/O SRI PADMA KANTA BORO
R/O VILL-GHOGRA KACHARI
P.S.-DHEKIAJULI
DIST-SONITPUR (ASSAM)
3:MD. ABDUL ZALIL ALI
S/O MD. ASEK ALI
R/O VILL-ALISINGA
P.S.-DHEKIAJULI
DIST-SONITPUR (ASSAM
Advocate for the Petitioner : MR. R K BHATRA
Advocate for the Respondent :
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 09-12-2021
Heard Mr. RK Bhatra, learned counsel for the applicant Insurance Company and Mr. R Phukan, learned
counsel for the opposite party No.1/claimant. None has appeared for the opposite party Nos. 2 and 3
despite the name of the learned counsel representing opposite party Nos. 2 and 3 have been shown in
the Cause List.
This is an application under the Second Proviso to Section 173(1) of the MV Act, r/w Section 5 of the
Limitation Act for condoning a delay of 355 days in preferring the connected Cross Objection
impugning the Judgment and Award, dated 18.08.2018 passed by the learned Member, MACT,
Sonitpur at Tezpur in MAC Case No.88/2017(D).
It has been pointed out by Mr.Bhatra, learned counsel for the applicant as well as Mr. Phukan, learned
counsel for the opposite party/claimant that the appeal filed by the appellant impugning Judgment and
Award, dated 18.08.2021 as mentioned herein above has already been referred to Lok Adalat which is
scheduled to be held on 11.12.2021. It has also been submitted that the parties to the appeal have
already signed Settlement note to be placed before the proceeding that will be held on 11.12.2021 in the
Lok Adalat. The learned counsel therefor, have pointed out that the amicable settlement by and between
the parties is imminent in the instant case.
The reason for delay of 355 days in preferring the connected Cross Objection is sought to be explained
by the applicant in paragraph Nos. 4 to 20 of the accompanying application narrating the sequence of
events, starting from putting the papers of the memo of appeal before the competent table on
25.02.2019 leading to filing of the Cross Objection on 10.09.2021. Explanation offered though far from
satisfactory requiring condoning the delay of 355 days on the principle under lying Section 5 of the
Limitation Act for condoning the delay, yet in view of the submission made that the settlement
between the parties is imminent as indicated herein above, I am of the considered view that the instant
application for condoning delay of 355 days in preferring the connected Cross Objection should be
condoned in the interest of justice.
Page No.# 3/3
Accordingly, this aplicaiton stands allowed and the delay of 355 days in preferring the connected
Cross-Objection is hereby condoned in the interest of justice.
The Cross Objection shall be registered and placed before Lok Adalat scheduled to be held on
11.12.2021 along with the MAC Appeal 991/2018, as prayed for by the learned counsel appearing for
the parties.
The I.A. stands disposed off.
JUDGE
Comparing Assistant
