National Insurance Co. Ltd vs Smti Gitanjali Nath And 4 Ors
2022 Latest Caselaw 2667 Gua

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GAHC010272022019




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

                          Case No. : I.A.(Civil)/3560/2019

         NATIONAL INSURANCE CO. LTD
         HAVING ITS REGD. OFFICE AT MIDDLETON STREET, KOLKATTA AND ONE
         OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE,
         AT G.S. ROAD, BHANGAGARH, GUWAHATI-05, ASSAM AND ONE OF ITS
         DIVISIONAL OFFICE AT BONGAIGAON.



         VERSUS

         SMTI GITANJALI NATH AND 4 ORS
         W/O. SRI GUNAJIT NATH, VILL. DORAPARA, P.O. AND P.S. AGIA, DIST.
         GOALPARA, ASSAM, PIN-783120.

         2:SHAH ALOM SK

          S/O. MD. ISMAIL SK
          VILL. MILANNAGAR
          SANTIPUR
          P.O. BALADMARI
          P.S. AND DIST. GOALPARA
          ASSAM
          PIN-783101.

         3:ASRAFUL ALOM
          S/O. ANOWAR HUSSAIN
         VILL. BHALUKDUBI
          P.O. BHALUKDUBI
          P.S. AND DIST. GOALPARA
         ASSAM
          PIN-781150.

         4:SANJAY DAS
          S/O. LT. SUDHIR CH. DAS
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             VILL. NO.1 BALADMARI CHAR
             P.S. AND DIST. GOALPARA
             ASSAM
             PIN-783101.

             5:SONATAN NATH

             S/O. LT. NAREN CH. NATH
             VILL. LETHENGPARA
             P.O. LELA
             P.S. DUDHNOI
             DIST. GOALPARA
             ASSAM. PIN-783124

Advocate for the Petitioner   : MR. K K BHATRA

Advocate for the Respondent : MR. A M KHAN (R2, R3)




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                             ORDER

Date : 02.08.2022 Heard Mr. R. K. Bhatra, learned counsel for the applicant. Also heard Mr. H. Das, learned counsel for the respondent No. 1 and Mr. S. Mollah, learned counsel for the respondent Nos. 2 and 3.

This Interlocutory Application has been filed by the Insurance Company seeking condonation of delay of 567 days in preferring the accompanying appeal being aggrieved by the Judgment and Award dated 14.12.2016 passed by the learned Member, Motor Accident Claims Tribunal, Goalpara in MAC Appeal No. 118/2013.

The learned counsel for the respondent Nos. 2 & 3 submits that he would like to file objections and therefore, he prays for 2(two) weeks' time.

The prayer is not objected to by the learned counsel for the applicant.

Accordingly, list this matter after 2(two) weeks enabling the learned counsels for the respondents to file the objection, if any.

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It is made clear that by the next date if the objections are not available then an attempt will be made to dispose of the I.A. on the basis of the material available on record.

JUDGE

Comparing Assistant