New India Assurance Company ... vs Sri Shiva Nath Dahutia And 2 Ors
2021 Latest Caselaw 2934 Gua

                                                                  Page No.# 1/3

GAHC010034682019




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

                                Case No. : I.A.(Civil)/642/2019

            NEW INDIA ASSURANCE COMPANY LIMITED
            HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING
            87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL
            OFFICE AT GS ROAD, BHANGAGARH, GUWAHATI 781005



            VERSUS

            SRI SHIVA NATH DAHUTIA AND 2 ORS
            S/O LATE PADMESWAR DAHUTIA,
            RESIDENT OF NO. 1 CHELLENGURI, PO CHELLENGURI PS KAKOPATHAR,
            DIST TINSUKIA, ASSAM, 786125

            2:MR. SHAMBHU CHOUDHURY
             S/O LATE DINANATH CHOUDHURY
            RESIDENT OF KAKOPATHAR MAIN ROAD
             PO AND PS KAKOPATHAR
             DIST TINSUKIA
            ASSAM
             786152
            OWNER OF THE VEHICLE NO. AS-23-H-7482(MOTOR CYCLE)

            3:MR. UJJAL SUTRADHAR
             S/O SRI RATAN SUTRADHAR

            RESIDENT OF KAKOPATHAR SEUJPUR
            PO AND PS KAKOPATHAR
            DIST TINSUKIA
            ASSAM
            786152
            DRIVER OF THE VEHICLE NO. AS-23-H-7482(MOTOR CYCLE

Advocate for the Petitioner   : MR. K K BHATTA
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Advocate for the Respondent : MR. S ISLAM




                                    BEFORE
                        HONOURABLE MR. JUSTICE NANI TAGIA

                                        ORDER

Date : 17.11.2021

Heard Mr. K. K. Bhatta, learned counsel for the applicant. Also heard Mr. U. J. Saikia, learned counsel for the opposite party No.1 and Mr. S. Islam, learned counsel for the opposite party No.2.

Office Note dated 12.08.2021, indicates that A/d card in respect of respondent No.3 has been received back. However, none has appeared on behalf of respondent No.3.

As respondent No.3 has also been served and the remaining respondents are represented by their respective learned counsels, this application is taken-up for consideration.

This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 49 days in filing the connected MAC appeal, which appeal is directed against the judgment and award dated 20.08.2018, passed by the learned Member, MACT, Tinsukia, in MAC Case No.86/2016.

The reason for delay of 49 days in filing the connected MAC appeal have been stated to be on account of the communication made between the engaged counsel and the Regional office of the applicant/Insurance Company for filing the connected MAC appeal.

The explanation provided by the applicant, as indicated hereinabove Page No.# 3/3

is accepted and accordingly, the delay of 49 days in filing the connected MAC appeal is hereby condoned.

The connected MAC appeal shall now be registered and list for Admission hearing by showing the names of Mr. U. J. Saikia and Mr. S. Islam as the learned counsels for the opposite party Nos.1 and 2 respectively in the Cause-list.

The I.A stands allowed and disposed of.

JUDGE

Comparing Assistant