The Oriental Insurance Company ... vs Md. Mazidul Islam And 2 Ors
2021 Latest Caselaw 242 Gua

                                                                           Page No.# 1/3

GAHC010117242019




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

                                Case No. : I.A.(Civil)/1802/2019

            THE ORIENTAL INSURANCE COMPANY LTD.,
            HAVING ITS REGISTERED OFFICE AT ASSAF ALI ROAD, NEW DELHI AND
            REGIONAL OFFICE AT G.S. ROAD, ULUBARI, GUWAHATI, REP. BY ITS
            REGIONAL MANAGER, REGIONAL OFFICE, GUWAHATI. (INSURER OF THE
            VEHICLE NO. AS-15-C-2339 (MAHINDRA PICK-UP VAN).



            VERSUS

            MD. MAZIDUL ISLAM AND 2 ORS.
            S/O- MD. HANIF ALI, R/O- VILL.- FULKI PARA, P.S. HOWLY, PIN- 781301,
            DIST.- BARPETA, ASSAM.

            2:MD. MOMRAJ ALI
             S/O- AFAJUDDIN
             R/O- VILL.- JOGIRPAM
             P.O. DOBAOLIA PARA
             P.S. BARPETA
            ASSAM
             PIN- 781301. (OWNER OF THE VEHICLE NO. AS-15-C-2339 (MAHINDRA
            PICK-UP VAN).

            3:ABUL KALAM
             S/O- MD. MOMRAJ ALI
             R/O- VILL.- JOGIRPAM
             P.O. DOBAOLIA PARA
             P.S. BARPETA
            ASSAM
             PIN- 781301. (DRIVER OF THE VEHICLE NO. AS-15-C-2339 (MAHINDRA
            PICK-UP VAN)

Advocate for the Petitioner   : MR. A DUTTA
                                                                                        Page No.# 2/3

Advocate for the Respondent :




             Linked Case :

             THE ORIENTAL INSURANCE COMPANY LTD



             VERSUS

             MD MAZIDUL ISLAM AND 2 ORS
             ------------
             Advocate for :
             Advocate for : appearing for MD MAZIDUL ISLAM AND 2 ORS

                                      BEFORE
                          HONOURABLE MR. JUSTICE NANI TAGIA

                                             ORDER

Date : 27-01-2021

Heard Mr. A. Dutta, learned counsel appearing on behalf of the applicant. Also heard Mr. P. Gohain, learned counsel appearing on behalf of respondent No. 1.

Office Note, dated 15.10.2020, indicates that AD cards in respect of respondents No. 1, 2 & 3 have been received back with the AD cards signed by the respondents No. 1, 2 & 3, themselves. Accordingly, service of notice on the said respondents is hereby deemed to be served and complete.

This is an application preferred by the applicant, under Section 5 of the Limitation Act, 1963, read with Rule 2(2) of Chapter V-A of the Gauhati High Court Rules, praying for condonation of delay of 21 days, in preferring the connected appeal, against the judgment & order, dated 17.09.2018, passed by the learned Member, MACT No. 2, Kamrup(M), Guwahati, in MAC Case No. 2215/2014.

The reasons for delay in not filing the connected appeal within the stipulated time have been explained in paragraphs No. 4, 5 & 6 of the accompanying application stating that it was on account of the file process that was undertaken in the Divisional and Regional Offices of the applicant/Insurance Company accompanied by the legal opinion that was sought from the learned Advocate that the delay of 21 days had occurred in preferring the connected appeal.

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Upon hearing the learned counsels appearing for the parties and on perusal of the explanation provided in paragraphs No. 4, 5 & 6 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 21 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