Future Generali India Insurance ... vs Srimati Golapi Saikia And Anr
2021 Latest Caselaw 2095 Gua

                                                                        Page No.# 1/3

GAHC010289972019




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

                                Case No. : I.A.(Civil)/1143/2020

            FUTURE GENERALI INDIA INSURANCE COMPANY LIMITED
            HAVING ITS REGISTERED HEAD OFFICE AT INDIABULLS FINANCE
            CENTRE, TOWER 1, 12, AND 15 FLOOR, SENAPATI BAPAT MARG,
            ELEPHINSTONE (W), MUMBAI, PIN 400014 ONE OF REGIONAL OFFICES AT
            7TH FLOOR, CRESCENT TOWER, 229 A.J.C. BOSE ROAD, KOLKATA 700020
            AND ONE OF THE BRANCH OFFICES I.E. GUWAHATI BRANCH AT R.D.
            ENCLAVE, 2ND FLOOR, M.S.S. PATH, CHRISTIANBASTI, GUWAHATI 781005



            VERSUS

            SRIMATI GOLAPI SAIKIA AND ANR
            W/O LATE SATISH SAIKIA, R/O VILL. PATIDARRANG, P.O. SIPAJHAR, PS.
            SIPAJHAR, DIST. DARRANG, ASSAM, PIN784145

            2:KHAGENDRA BARUAH
             S/O SRI INDRA KANTA BARUAH
             R/O VILL. KUMARPARA
             P.O. DEOMORNOI
             P.S. SIPAJHAR
             DIST. DARRANG
            ASSAM
             PIN 78414

Advocate for the Petitioner   : MR. A J SAIKIA

Advocate for the Respondent : MR. A HUSSAIN




             Linked Case :
                                                                           Page No.# 2/3


             FUTURE GENERALI INDIA INSURANCE COMPANY LIMITED



             VERSUS

             SRIMATI GOLAPI SAIKIA AND ANR



             ------------

Advocate for :

Advocate for : appearing for SRIMATI GOLAPI SAIKIA AND ANR

BEFORE THE HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA order

07.09.2021

Heard Mr. AJ Saikia, learned counsel for the petitioner.

Perused office note dated 03.09.2021 which shows that the notices were duly served on the opposite party Nos. 1 and 2. Mr. M Ahmed, learned counsel has entered appearance on behalf of the opposite party No. 1. As service of notices on the opposite parties are completed, this matter is taken up for its disposal as Mr. Ahmed fairly submits that he has no objection in the event the delay of 176 days in filing the connected appeal against the judgment and order dated 01.03.2019 passed by the learned Member, MACT, Darrang, Mangaldai in MAC No. (D) 23/2016 is condoned.

I have perused the grounds stated by the applicant which is mainly due to inadvertent damage caused to the cheque issued by the applicant company to Page No.# 3/3

the learned conducting counsel in the High Court for deposit of the statutory fees. Subsequent thereto a fresh cheque was issued and in the meantime, Puja vacation had started and as such there was a delay of 176 days in filing the connected appeal.

I am satisfied with the grounds shown in this application. Accordingly, this application stands allowed thereby condoning the delay of 176 days in filing the connected appeal.

This petition is accordingly allowed.

Registry to register the connected MAC appeal and list for admission on 24.09.2021.

A copy of the appeal memo shall be served on Mr. Ahmed, the learned counsel for the opposite parties.

JUDGE

Comparing Assistant