Page No.# 1/3 vs Page No.# 2/3
2021 Latest Caselaw 187 Gua

                                                                       Page No.# 1/3

GAHC010054312019




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

                          Case No. : I.A.(Civil)/900/2019

         SAJEDA BEGUM AND 3 ORS
         W/O- LATE MAKIM UDDIN AHMED
         R/O- VILL.- JAGIRPAM, P.S. AND DIST.- BARPETA, ASSAM, PIN- 781316

         2: SAFIKUR RAHMAN
          S/O- LATE MAKIM UDDIN AHMED
         R/O- VILL.- JAGIRPAM
          P.S. AND DIST.- BARPETA
         ASSAM
          PIN- 781316

         3: SAHIDUR RAHMAN
          S/O- LATE MAKIM UDDIN AHMED
         R/O- VILL.- JAGIRPAM
          P.S. AND DIST.- BARPETA
         ASSAM
          PIN- 781316

         4: MEBTAFUL ZANNAT
          D/O- LATE MAKIM UDDIN AHMED
         R/O- VILL.- JAGIRPAM
          P.S. AND DIST.- BARPETA
         ASSAM
          PIN- 781316

         5: SAJID IKBAL
          S/O- LATE MAKIM UDDIN AHMED
         R/O- VILL.- JAGIRPAM
          P.S. AND DIST.- BARPETA
         ASSAM
          PIN- 78131

         VERSUS
                                                                            Page No.# 2/3

            SRI MANOJ KUMAR AND 2 ORS
            S/O- JASWANTA SINGH
            R/O- VILL.- DHIKOLI, P.S.- CHANDI NAGAR, DIST.- BAGPATH (U.P.), PIN-
            250001 (OWNER OF THE TRUCK BEARING REGD. NO. UP-17/T-3307).

            2:SRI BIR SINGH
             S/O- JASWANTA SINGH
            R/O- VILL.- DHIKOLI
             P.S.- CHANDI NAGAR
             DIST.- BAGPATH (U.P.)
             PIN- 250001 (DRIVER OF THE TRUCK BEARING REGD. NO. UP-17/T-3307).

            3:THE DIVISIONAL MANAGER

             NEW INDIA ASSURANCE CO. LTD.
             BONGAIGAON DIVISIONAL OFFICE
             P.S. AND DIST.- BONGAIGAON
             ASSAM
             PIN- 783380 (INSURER OF THE TRUCK BEARING REGD. NO. UP017/T-3307)

Advocate for the Petitioner   : MR. S A HUSSAIN

Advocate for the Respondent : MS. P BORA (R1, R2)




             Linked Case :

            SAJEDA BEGUM AND 4 ORS



             VERSUS

            SRI MANOJ KUMAR AND 2 ORS



            ------------
            Advocate for :
            Advocate for : appearing for SRI MANOJ KUMAR AND 2 ORS
                                                                                          Page No.# 3/3

                                       BEFORE
                           HONOURABLE MR. JUSTICE NANI TAGIA

                                                ORDER

Date : 21-01-2021

Heard Mr. S. A. Hussain, learned counsel, appearing on behalf of the applicants.

None has appeared on behalf of respondents No. 1 & 2, though the names of the learned counsels representing the respondents No. 1 & 2, have been shown in the Cause List.

Office Note, dated 27.04.2020, indicates that AD card in respect of respondent No. 3 have been received back after causing service of notice on the said respondent No. 3 and accordingly, service of notice on respondent No. 3 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 88 days, in preferring the connected appeal, against the judgment & order, dated 29.05.2018, passed by the learned Member, MACT, Barpeta, Assam, in MAC Case No. 92/2013.

The reasons for delay in filing the connected appeal have been explained in paragraphs No. 3 & 4 of the accompanying application.

On perusal of the explanation provided in paragraphs No. 3 & 4 of this interlocutory application; I am satisfied that the applicants were prevented by a sufficient cause in not preferring the connected MAC. Appeal within the stipulated time and accordingly, the delay of 88 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 accordingly.

JUDGE

Comparing Assistant