The United India Insurance ... vs Sayed Ali And 2 Ors
2021 Latest Caselaw 225 Gua

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GAHC010290552019




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

                                 Case No. : I.A.(Civil)/92/2020

            THE UNITED INDIA INSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI- 600014
            AND REGIONAL OFFICE AT CHIBBER HOUSE, G.S. ROAD, GUWAHATI-5,
            REP. BY ITS REGIONAL MANAGER, REGIONAL OFFICE GUWAHATI.



            VERSUS

            SAYED ALI AND 2 ORS.
            S/O- LATE NAJAR ALI, R/O- VILL.- LURFURIA, P.O. SITOLI, P.S. AND DIST.-
            BARPETA, ASSAM.

            2:HABIBAR RAHMAN
             S/O- SAYED ALI
             R/O- VILL.- LURFURIA
             P.O. SITOLI
             P.S. AND DIST.- BARPETA
            ASSAM.

            3:SRI HAREKRISHNA NATH
             S/O- PADMA RAM NATH
             C/O- DEBAKANTA DEKA
             BELTOLA
             BHATAPARA
             P.O. BELTOLA
             P.S. BASISTHA
             DIST.- KAMRUP(M)
            ASSAM AND PRESENT ADDRESS- VILL. AND P.O. HOWLY
             P.S. HOWLY
             DIST.- BARPETA
            ASSAM

Advocate for the Petitioner   : MR. A DUTTA
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Advocate for the Respondent : MR. K SARMA (R1, R2)




                                   BEFORE
                       HONOURABLE MR. JUSTICE NANI TAGIA

                                           ORDER

Date : 25.01.2021

Heard Mr. A. Dutta, learned counsel for the applicant.

Also heard Mr. B. J. Talukdar, learned counsel for the respondents

No. 1 & 2 and Mr. D. Chakraborty, learned counsel for the respondent

No.3.

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

read with Rule 2(2) of Chapter V-A of the Gauhati High Court Rules for

condoning the delay of 15 days in preferring the connected MAC appeal,

which has been directed against the judgment & award dated

08.08.2019, passed in MAC Case No.66/2018, by the learned Member,

MACT, Barpeta.

The reason for delay of 15 days in preferring the connected MAC

appeal has been stated to be on account of the official procedures that

was required to be carried out by the applicant/Insurance Company

including the legal information sought for and the same has been

explained in paragraph Nos.4 to 8 of the accompanying application.

Upon hearing the learned counsels for the contesting parties and

on perusal of the explanation provided in paragraph Nos.4 to 8 of the

accompanying application, I am satisfied that the applicant was Page No.# 3/3

prevented by a sufficient cause in not preferring the connected appeal

within the stipulated period.

In view of the above, delay of 15 days in preferring the connected appeal is hereby condoned.

The I.A stands allowed and disposed of.

Let the connected MAC appeal be listed registered and list it for

Admission accordingly.

JUDGE

Comparing Assistant