The National Insurance Co. Ltd vs Sri Robin Dutta And 3 Ors
2021 Latest Caselaw 2792 Gua

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GAHC010117852019




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

                         Case No. : I.A.(Civil)/2709/2019

         THE NATIONAL INSURANCE CO. LTD.,
         (SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA)
         REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA-
         700071, REP. BY THE MANAGER, GAUHATI REGIONAL OFFICE,
         BHANGAGARH, GUWAHATI- 781005.



         VERSUS

         SRI ROBIN DUTTA AND 3 ORS.
         S/O- LATE BISWARATH DUTTA

         2:SMTI. MALOTI DUTTA
         W/O- SRI ROBIN DUTTA

         3:SRI DEBASHIS DUTTA
          S/O- SRI ROBIN DUTTA
         ALL ARE RESIDENT OF VILL.- KONWARPUR
          P.O. KALAKHOWA ADARSHA GAON
          P.S. LALUK
          DIST.- LAKHIMPUR
         ASSAM
          PIN- 787023 AND PRESENT ADDRESS- UPPER JATIA
          KAHILIPARA
          GUWAHATI
          P.O. KAHILIPARA
          DIST.- KAMRUP
         ASSAM
          PIN- 781019.

         4:SRI PALAKH BHUYAN
          S/O- LATE SENIRAM BHUYAN
          R/O- VILL.- CHOWKHAMTING GAON
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             P.S. SILAPATHAR
             P.O. SISSIBARGAON
             DIST.- DHEMAJI
             ASSAM
             PIN- 787110

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MR. D BANIA




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                        ORDER

Date : 10.11.2021

Heard Ms. R. D. Mozumdar, learned counsel for the applicant. Also heard Mr. S. T. Bakht, learned counsel appearing on behalf of respondents No. 1, 2 &

3. However, none has appeared on behalf of respondent No. 4.

This is an application preferred by the applicant under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 149 days, in preferring the connected appeal against the judgment & award, dated 29.09.2018, passed by the learned Member, MACT No. 3, Kamrup(M), Guwahati, in M.A.C. Case No. 2796/2015.

The reasons for the delay in not preferring the connected appeal within the stipulated time have been explained in the accompanying application stating that the delay have occurred on account of keeping the related file, inadvertently, with the 'disposed of cases' files after the decision to prefer the appeal against the judgment & award, dated 29.09.2018, was taken.

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The related file, however, was re-discovered on 15.05.2019, whereafter, the same was handed-over to the learned counsel on 16.05.2019 for preferring the appeal, thereby resulting in a delay of 149 days in preferring the connected appeal.

Mr. Bakht, learned counsel, however, objects to the prayer for such condonation as, according to him, nothing concrete, in detail, has been explained about the delay of 149 days on a day-to-day basis.

Upon hearing the learned counsels appearing for the parties and on perusal of the explanation provided in the accompanying application, as indicated above, though the explanation provided by the applicant in this application appears to be somewhat surreal; yet, in the interest of justice, I am inclined to accept the explanation as provided by the applicant in not preferring the connected appeal within the stipulated time and accordingly, the delay of 149 days in preferring the connected appeal, deserves to 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 for admission hearing after 2 weeks.

JUDGE

Comparing Assistant