Gauhati High Court
Reliance General Insurance Co. ... vs Mrs Joyful Nessa And 5 Ors on 17 November, 2021
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GAHC010060262018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1027/2018
RELIANCE GENERAL INSURANCE CO. LTD
HAVING ITS REGISTERED OFFICE AT 570 NAIGAUM CROSS ROAD, NEXT
TO ROYAL INDUSTRIAL ESTATE, WADALA (W), MUMBAI 400031 AND
BRANCH OFFICE AT 5TH FLOOR, ANIL PLAZA, G.S. ROAD, GUWAHATI
781005, REPRESENTED BY THE REGIONAL MANAGER
VERSUS
MRS JOYFUL NESSA and 5 ORS
W/O LATE JURAN ALI, R/O VILL. PAMPARA, P.S. KACHUMARA, DIST.
BARPETA, ASSAM.
2:MD. JABED ALI
W/O LATE JURAN ALI
R/O VILL. PAMPARA
P.S. KACHUMARA
DIST. BARPETA
ASSAM.
3:NOZIBAR RAHMAN
W/O LATE JURAN ALI
R/O VILL. PAMPARA
P.S. KACHUMARA
DIST. BARPETA
ASSAM.
4:MRS. JORINA KHATUN
W/O LATE JURAN ALI
R/O VILL. PAMPARA
P.S. KACHUMARA
DIST. BARPETA
ASSAM.
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5:MD. AFSAR ALI
S/O MD. KALIMUDDIN
R/O VILL. NO. 2 DAKSHIN RANGAPANI
BADLA BAZAR
P.S. BOKO
DIST. KAMRUP
ASSAM (OWNER OF VEHICLE NO. AS-01-Z-7423 (TRUCK-709))
6:MD. SHAHJAHAN ALI
S/O MD. OMAR ALI
R/O VILL. SETOLMARI
P.S. BOKO
DIST. KAMRUP
ASSAM (DRIVER OF VEHICLE NO. AS-01-Z-7423 (TRUCK - 709)
Advocate for the Petitioner : MR. S DUTTA
Advocate for the Respondent : MR. A MANNAF (R1-R4)
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 17.11.2021
None appears for the applicant.
Heard Mr. A. Mannaf, learned counsel for the opposite party Nos. 1
to 4.
This is an application filed under Section 173 Second proviso of the
Motor Vehicle Act, 1988 read with Section 5 of the Limitation Act, 1963 for
condoning the delay of 408 days in filing the MAC appeal No194/2018,
which appeal is directed against the judgment and order dated
24.06.2015, passed by the learned Member, MACT No.1, Kamrup,
Guwahati, in MAC Case No.552/2010.
Mr. Mannaf, learned counsel for the opposite party Nos.1 to 4
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submits that the present applicant/Insurance Company had filed
altogether 4(four) MAC appeals along with the interlocutory applications
for condonation of delay in filing each of the MAC appeals including this
appeal, challenging the same judgment and order dated 24.06.2015,
passed by the learned Member, MACT No.1, Kamrup, Guwahati, in MAC
Case No.552/2010.
The earlier 3(three) interlocutory applications were numbered as
IA(C)1023/2018, IA(C)724/2018 and IA(C)599/2018 for condonation of
delay of 439 days, 425 days and 424 days, respectively. All the
interlocutory applications, mentioned above were heard by this Court on
28.08.2019 and all the interlocutory applications were dismissed by this
Court by an order dated 28.08.2019.
A copy of the order dated 28.08.2019, passed in above 3(three)
interlocutory applications have been produced by Mr. Mannaf, learned
counsel for the opposite party Nos.1 to 4, which have been duly perused.
As all the interlocutory applications for condonation of delay of
different numbers of days, mentioned above, in filing the connected MAC
appeals against the same judgment and order dated 24.06.2015, passed
by the learned Member, MACT No.1, Kamrup, Guwahati, in MAC Case
No.552/2010 have been dismissed by this Court, as indicated above, the
instant application for condonation of delay of 408 days in filing the
connected MAC appeal No.194/2018, which again is directed against the
same judgment and order dated 24.06.2015, passed by the learned
Member, MACT No.1, Kamrup, Guwahati, in MAC Case No.552/2010, shall
also stand dismissed.
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The IA stands disposed of.
JUDGE
Comparing Assistant
