Case No. : I.A.(Civil)/3524/2019 vs Ranjan Jyoti Rajbongshi @ Mrinmoy ...
2021 Latest Caselaw 2881 Gua

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GAHC010184742019




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

                            Case No. : I.A.(Civil)/3524/2019
            NATIONAL INSURANCE CO. LTD
            HAVING ITS REGD. AND HEAD OFFICE AT 3 MIDDLETON STREET,
            KOLKATA 700071 AND ONE OF THE REGIONAL OFFICE AT M.S.S. PATH,
            BHANGAGARH, GUWAHATI-781005.

            VERSUS

            RANJAN JYOTI RAJBONGSHI @ MRINMOY RAJBONGSHI AND 2 ORS
            S/O. KAMAL RAJBONGSHI, VILL. NAMATI, P.O. HATICHONG, P.S. JAJORI,
            DIST. NAGAON, ASSAM, PIN-782142.

            2:MD. EBADUL HUSSAIN
             S/O. MD. KASEM ALI
            VILL. MADHUPUR
             P.O. MADHUPUR
             P.S. NAGAON
             DIST. NAGAON
            ASSAM
             PIN-782003.

            3:MD. IMRAN HUSSAIN
             S/O. INTAZ ALI
            VILL. STATION ROAD
             HOTELBARI
             P.O. MORIKOLONG
             P.S. NAGAON
             DIST. NAGAON
            ASSAM
             PIN-782001

Advocate for the Petitioner   : MR. A J SAIKIA

Advocate for the Respondent : MR. A J SARMA
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                                 BEFORE
                     HONOURABLE MR. JUSTICE NANI TAGIA

                                     ORDER

Date : 15-11-2021

Heard Mr. G. S. Boro, learned counsel for the applicant/Insurance Company. Also heard Mr. A. J. Sarma, learned counsel for respondent No. 1.

Relevant Office Note indicates that notice on respondents No. 2 & 3 have been duly served.

This is an application preferred by the applicant/Insurance Company under the provisions of proviso to Section 173 of the M.V. Act, 1988, read with Section 5 of the Limitation Act, 1963, praying for condonation of delay of 3 days, in preferring the connected appeal against the judgment, dated 24.04.2019, passed by the learned Member, MACT, Nagaon, in M.A.C. Case No. 177/2016.

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 Divisional and Regional Offices of the applicant/Insurance Company.

Upon hearing the learned counsels for the parties and on perusal of the explanation provided in the accompanying application, as indicated above; I am Page No.# 3/3

satisfied that the applicant/Insurance Company as prevented by a sufficient cause in not preferring the connected MAC. Appeal within the stipulated time and accordingly, the delay of 3 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 by showing the name of Mr. A. J. Sarma, learned counsel, as appearing on behalf of respondent No. 1 in the Cause List.

JUDGE

Comparing Assistant