Sri Sankar Mahato vs The National Insurance Co. Ltd And ...
2021 Latest Caselaw 201 Gua

                                                                  Page No.# 1/2

GAHC010022482019




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

                                Case No. : I.A.(Civil)/401/2019

            SRI SANKAR MAHATO
            S/O LATE DURGA MAHATO.
            R/O WARD NO. 6 DHUBRI PANCHMORE PS AND DIST DHUBRI, ASSAM,



            VERSUS

            THE NATIONAL INSURANCE CO. LTD AND 2 ORS
            REPRESENTED BY THE BRANCH MANAGER DHUBRI BRANCH, GTB
            ROAD, DHUBRI, PO AND DIST DHUBRI, ASSAM 783301

            2:MD. IMDADUL HOQUE
             S/O MD. MOKTAR ALI

            VILLAGE JHAGRARPAR PART IV.
            PS DHUBRI
            DIST DHUBRI
            ASSAM
            783325

            3:JAMSER ALI
             S/O MONSER ALI

            VILLAGE JHAGRARPAR PART IV.
            PS DHUBRI
            DIST DHUBRI
            ASSAM
            78332

Advocate for the Petitioner   : MR M MONDAL

Advocate for the Respondent : MR. J I BORBHUIYA
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                                      BEFORE
                          HONOURABLE MR. JUSTICE NANI TAGIA

                                                ORDER

Date : 22.01.2021

Heard Mr. M. Mahanta, learned counsel appearing on behalf of the applicant. Also heard Mr. C.

Phukan, learned counsel appearing on behalf of respondent No. 1; and Mr. S. Paul, learned counsel

appearing on behalf of respondents No. 2 & 3.

This is an application preferred by the applicant, under Section 5 of the Limitation Act, 1963,

praying for condonation of delay of 15 days, in preferring the connected appeal, against the judgment

& order, dated 10.10.2018, passed by the learned Member, MACT, Dhubri, Assam, in MAC Case No.

182/2012.

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.

Upon hearing the learned counsels appearing for the parties and on perusal of the explanation

provided in paragraph No. 3 of this interlocutory 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 15 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