National Insurance Co. Ltd vs Smti. Moon Sarma And 4 Ors
2021 Latest Caselaw 2238 Gua

                                                               Page No.# 1/2

GAHC010111452020




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

                          Case No. : I.A.(Civil)/1347/2020

         NATIONAL INSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATTA
         AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL
         OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI-5, ASSAM.



         VERSUS

         SMTI. MOON SARMA AND 4 ORS
         W/O LATE PRASANTA KR. SARMAH SAVAPANDIT, R/O B.N. KATAKY PATH
         NA ALI, WARD NO. 17, PS. AND DIST. JORHAT (ASSAM), PIN 785001

         2:SANGOT KR. SAVAPANDIT
          S/O LATE PRASANTA KR. SARMAH SAVAPANDIT
          R/O B.N. KATAKY PATH NA ALI
         WARD NO. 17
          PS. AND DIST. JORHAT (ASSAM)
          PIN 785001

         3:ARINDAM SAVAPANDIT
          S/O LATE PRASANTA KR. SARMAH SAVAPANDIT
          R/O B.N. KATAKY PATH NA ALI
         WARD NO. 17
          PS. AND DIST. JORHAT (ASSAM)
          PIN 785001

         4:JEHERUL ISLAM
          S/O LATE EYAKUB ALI
         VILL. MADHAPUR
          P.O. MOROWA
          P.S. AND DIST. NALBARI
         ASSAM
          PIN 781335
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            5:AZNUR ALI
             S/O LATE ASRAF ALI
             R/O GANESHGURI CHARIALI
             P.S. DISPUR
             DIST. KAMRUP (ASSAM)
             PIN 78100

Advocate for the Petitioner   : MR. R K BHATRA

Advocate for the Respondent : MR D MONDAL




                                   BEFORE
                 HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA

                                           ORDER

Date : 16-09-2021

Heard Mr. R.K. Bhatra, the learned Counsel for the applicant. Mr. D. Mondal, the learned counsel for the respondent nos. 1, 2 and 3 is present.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 62 days in preferring the connected appeal under Section 173 of the M.V. Act, 1988 against the Judgment and Award dated 01.11.2018 passed by the learned Member, MACT 2, Kamrup (M) at Guwahati in MAC Case No. 2456 of 2016.

Mr. Mondal fairly submits that he has no objection in the event the delay is condoned.

From the contents of the application, I am satisfied that there was no intentional delay on the part of the applicant, rather the same was due to completion of the official formalities. Accordingly, the delay of 62 days in preferring the connected delay is condoned. Registry to register the connected appeal and list for admission on 08.10.2021.

This interlocutory application stands disposed of.

JUDGE Comparing Assistant