M/S. New India Assurance Company ... vs Md. Harun Rashid And Anr
2021 Latest Caselaw 2852 Gua

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GAHC010150762019




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

                                Case No. : I.A.(Civil)/2372/2019

            M/S. NEW INDIA ASSURANCE COMPANY LIMITED
            HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87,
            MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE
            AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, GUWAHATI-
            781005, NEAR HANUMAN MANDIR.



            VERSUS

            MD. HARUN RASHID AND ANR
            S/O- LATE JAMAL UDDIN, R/O- VILL.- KATAHGURI (TUKTUKI), P.S. DHING,
            DIST.- NAGAON, ASSAM, PIN- 782123.

            2:MD. MONIR UDDIN
             S/O- LATE ALIM UDDIN BEPARI
             R/O- VILL.- TUKTUKI
             P.S. DHING
             DIST.- NAGAON
            ASSAM
             PIN- 782123

Advocate for the Petitioner   : MR. K K BHATTA

Advocate for the Respondent : MRS. A AHMED (R-2)
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                                BEFORE
                    HONOURABLE MR. JUSTICE NANI TAGIA

                                     ORDER

Date : 12-11-2021

Heard Mr. K. K. Bhatta, learned counsel for the applicant/ Insurance Company. However, none has appeared on behalf of respondent No. 2 though the names of the learned counsels representing the said respondent No. 2 are shown in the Cause List.

Relevant Office Note indicates that notice on respondent No. 1 has been served.

This is an application preferred by the applicant/Insurance Company under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 68 days, in preferring the connected MFA against the judgment, dated 18.02.2019, passed by the learned Commissioner for Employee's Compensation, Nagaon, in NEC Case No. 104/2010, whereby an amount of Rs. 2,29,979.95 has been awarded in favour of the opposite party No. 1/claimant.

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 due to the official procedure to be followed after a legal opinion was sought from the learned Advocate in making correspondence between the Branch and Regional Offices of the applicant/Insurance Company.

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Upon hearing the learned counsels appearing for the parties and on perusal of the explanation provided in the accompanying application, as indicated above; I am satisfied that the applicant/Insurance Company was prevented by a sufficient cause in not preferring the connected appeal within the stipulated time and accordingly, the delay of 68 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 for admission hearing after 2 weeks.

JUDGE

Comparing Assistant