National Insurance Co. Ltd vs Md. Samsul Haque And 2 Ors
2021 Latest Caselaw 3007 Gua

                                                                      Page No.# 1/4

GAHC010011182017




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

                                Case No. : I.A.(Civil)/242/2017

            NATIONAL INSURANCE CO. LTD.,
            HAVING ITS REGD. OFFICE AT KOLKATA AND ONE OF THE REGIONAL
            OFFICES AT G.S. ROAD, GUWAHATI.



            VERSUS

            MD. SAMSUL HAQUE and 2 ORS,
            S/O BADSHAH MIA, R/O UTTAR KALINAGAR PART-II, P.O. KATAKHAL, P.S.
            ALGAPUR, DIST. HAILAKANDI, ASSAM, PIN 788150

            2:HARENDRA DEB

             S/O HRIDAY CH. DEB
             VILL. DINANATHPUR
             P.S. KATIGORAH
             DIST. CACHAR
             ASSAM
             PIN 788001

            3:MD. ATABUR RAHMAN

             S/O LATE JAKAM ALI LASKAR
             VILL. DAKHIN KRISHNAPUR
             SONABARIGHAT
             P.S. SILCHAR
             DIST. CACHAR
             ASSAM
             PIN 78800

Advocate for the Petitioner   : MRA SHARMA

Advocate for the Respondent :
                                                               Page No.# 2/4




Linked Case : MACApp./516/2018

NATIONAL INSURANCE COMPANY LIMITED
HAVING ITS REGD OFFICE AT KOLKATA AND ONE OF THE REGIONAL
OFFICE AT G S ROAD
GUWAHATI


VERSUS

MD SAMSUL HAQUE and 2 ORS
S/O- BADSHAH MIA
R/O- UTTAR KALINAGAR PART-II
P.O- KATAKHAL
P.S- ALGAPUR
DIST- HAILAKANDI
ASSAM
PIN- 788150

2:HARENDRA DEB
S/O- HRIDAY CHANDRA DEB
VILL- DINANATHPUR
 P.S- KATIGORAH
 DIST- CACHAR
ASSAM
 PIN- 788001
 3:ATABUR RAHMAN
S/O- LATE JAKAM ALI LASKAR
VILL- DAKHIN KRISHNAPUR
 SONABARIGHAT
 P.S- SILCHAR
 DIST- CACHAR
ASSAM
 PIN- 788001
 ------------
Advocate for : MR S S SHARMA
Advocate for : MR. S DUTTA appearing for MD SAMSUL HAQUE and 2 ORS
                                                                       Page No.# 3/4

                                 BEFORE
                     HONOURABLE MR. JUSTICE NANI TAGIA

                                     ORDER

Date : 22.11.2021

Heard Ms. L. Sharma, learned counsel for the applicant/ Insurance Company. Also heard Mr. S. Dutta, learned senior counsel for Opposite Party No. 1.

At the very outset, Ms. Sharma, learned counsel, prays for striking-off the names of respondents No. 2 & 3 from the array of the respondents contending that the said respondents are not necessary parties to this proceeding.

Prayer is allowed.

At the risk of the applicant, Registry shall strike-off the names of respondents No. 2 & 3 from the array of the respondents.

This is an application preferred by the applicant/Insurance Company under Section 5 of the Limitation Act, 1963, read with Section 173(1) of the M.V. Act, 1988, praying for condonation of delay of 126 days, in preferring the connected appeal against the judgment, dated 05.04.2016, passed by the learned Member, MACT, Cachar, Silchar, in M.A.C. Case No. 1179/2010.

The reasons for the delay in not preferring the connected appeal within the stipulated time have been explained in the accompanying application stating Page No.# 4/4

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, 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 satisfied that the applicant/Insurance Company was prevented by a sufficient cause in not preferring the connected MAC. Appeal within the stipulated time and accordingly, the delay of 126 days in filing the connected appeal, be condoned. It is hereby accordingly ordered.

The interlocutory application stands allowed and accordingly stands disposed of.

JUDGE Comparing Assistant