Md Umar Ali @ Omar Ali vs Sanjib Boro And 2 Ors
2021 Latest Caselaw 2566 Gua

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GAHC010001002019




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

                                Case No. : I.A.(Civil)/13/2019

            MD UMAR ALI @ OMAR ALI
            S/O MD. RAMJAN ALI, A R/O VILL. AND P.O. TULSIBARI, P.S. RANGIA, DIST.
            KAMRUP, ASSAM.



            VERSUS

            SANJIB BORO AND 2 ORS
            S/O SRI PRATUL BORO, R/O VILL. SATHAMOWA, P.O. AND P.S.
            GHOGRAPAR, DIST. NALBARI, ASSAM, PIN 781369

            2:PULEN MALAKAR
             S/O SRI ANIL MALAKAR
             R/O VILL. PUSPAKPUR
             P.O. MILANPUR
             DIST. NALBARI
            ASSAM
             PIN 781337

            3:I.C.I.C.I. LOMBARD GEN. INS. COT. LTD.
             DIVISIONAL OFFICE
             RUKMINIGAON
             GUWAHATI 781006 (OPPOSITE HDFC BANK)
             (REPRESENTED BY ITS DIVISIONAL MANAGER

Advocate for the Petitioner   : MR D MONDAL

Advocate for the Respondent : MR. A J SAIKIA (R3)
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           Linked Case :

          MD UMAR ALI @ OMAR ALI



           VERSUS

          SANJIB BORO AND 2 ORS



          ------------
          Advocate for :
          Advocate for : appearing for SANJIB BORO AND 2 ORS



                                  BEFORE
                      HONOURABLE MR. JUSTICE NANI TAGIA

                                      ORDER

Date : 27.10.2021

Heard Mr. D. Mondal, learned counsel for the applicant and Mr. A.J. Saikia, learned counsel for the respondent nos.3. None appears on call for the respondent no.1, although the name of learned counsel representing respondent no.1 has been shown in the cause list.

Office note dated 01.09.2021 indicates that AD card in respect of respondent no.2 has been received back. All the respondents are accordingly duly served with notice.

This is an application under Section 173 of the M.V. Act, 1988 read with Section 5 of the Limitation Act, 1963 for condoning the delay of 26 days in preferring the connected MAC Appeal, which is directed against the judgment and award dated 03.08.2018 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M), Guwahati in MAC Case No.1677/2013.

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The reason for delay of 26 days in preferring the connected appeal has been explained to be on account of the inability of the applicant to come down to Guwahati from Tulsibari for executing the Vakalatnama and other papers connected with the appeal due to Assam Bandh called by some organization and thereafter, the petitioner fell ill and was suffering from viral fever and infection and was under complete bed rest from 07.11.2018 to 13.11.2018.

Upon considering the explanation given by the applicant and upon hearing the learned counsel for the contesting parties, this Court is inclined to accept the same as good and sufficient cause which has prevented the applicant from preferring the connected MAC Appeal within the stipulated time. Accordingly, the delay of 26 days in preferring the connected MAC Appeal is hereby condoned.

This I.A. stands allowed and disposed of.

The connected MAC Appeal shall now be registered and list for admission hearing by showing the name of Mr. S.S. Barooah, learned counsel appearing for respondent no.1 and Mr. A.J. Saikia, learned counsel appearing for respondent no.3.

JUDGE

Comparing Assistant