Page No.# 1/2 vs The Divisional Manager
2021 Latest Caselaw 2659 Gua

                                                                       Page No.# 1/2

GAHC010077952018




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

                                Case No. : I.A.(Civil)/1326/2018

            SMTI REKHA BORUAH GOGOI AND ANR
            W/O LATE PURANANADA GOGOI

            2: SHRI HIMANGSU GOGOI
             S/O LATE PURNANANDA GOGOI THE CLAIMANT NO. 1. BEING THE
            MOTHER OF CLAIMANT NO.2(MINOR) IS REPRESENTED BY HER .R/O.
            BORHAT MISSAJAN GAON
             P.O.AND P.S. BORHAT
             DIST. SIVSAGAR
             PIN 785693
            ASSA

            VERSUS

            THE DIVISIONAL MANAGER
            DIVISIONAL OFFICE AT DIBUGARH, P.O. P.S. AND DIST. DIBRUGARH,
            ASSAM PIN 786001



Advocate for the Petitioner   : MR. B CHETRI

Advocate for the Respondent : MS. R D MOZUMDAR




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                           ORDER

Date : 01-11-2021

Heard Mr. B. Chetri, learned counsel for the applicants and Ms. Page No.# 2/2

R. D. Mozumdar, learned counsel for the sole opposite party.

This is an application filed under Section 5 of the Limitation Act, 1963, praying for condoning the delay of 97 days in filing the connected MAC appeal No.291/2018, which appeal is directed against the judgment and award dated 13.07.2017, passed by the learned MACT Tribunal, Dibrugarh, in MAC No.65/2015.

The reason for delay of 97 days in filing the connected MAC appeal has been explained to be on account of death of the mother of the engaged counsel.

Taking into account the explanation provided for the delay of 97 days in preferring the connected MAC appeal and upon hearing the learned counsels for the parties, I am of the view that there has been no any negligence and laches on the part of the applicant in preferring the connected MAC appeal and the applicant was prevented by a sufficient cause in not preferring the connected appeal within the stipulated time.

In view of the above and for the interest of justice, delay of 97 days in filing the connected MAC appeal is hereby condoned.

The I.A. stands disposed of.

JUDGE

Comparing Assistant