National Insurance Co. Ltd vs Smt Savitri Das And 5 Ors
2022 Latest Caselaw 2694 Gua

                                                                    Page No.# 1/3

GAHC010038872018




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

                         Case No. : I.A.(Civil)/613/2018

         NATIONAL INSURANCE CO. LTD.
         SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA,
         REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA 700071
         REPRESENTED BY THE ASSTT. MANAGER, GAUHATI REGIONAL OFFICE,
         BHANGAGARH, GUWAHATI 781005



         VERSUS

         SMT SAVITRI DAS and 5 ORS
         HORILAL BASTI, P.S. DIPHU, DIST. KARBI ANGLONG, ASSAM, PIN 782460

         2:MD. ISLAM UDDIN (OWNER)
          HORILAL BASTI
          P.S. DIPHU
          DIST. KARBI ANGLONG
         ASSAM
          PIN 782460

         3:MD. SAIFUDDIN HUSSAIN (DRIVER)
          HORILAL BASTI
          P.S. DIPHU
          DIST. KARBI ANGLONG
         ASSAM
          PIN 782460

         4:M/S ORIENTAL INSURANCE CO. LTD.
          GAUHATI REGIONAL OFFICE
          ULUBARI
          PALTANBAZAR
          GUWAHATI
          KAMRUP (M)
         ASSAM
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               PIN 781007

               5:RAJENDRA PRASAD GUPTA (OWNER)
                DHING GATE
                HAIBARGAON
                DIST. NAGAON
               ASSAM
                PIN 78200

Advocate for the Petitioner    : MS. R D MOZUMDAR

Advocate for the Respondent : MR. Y S MANNAN (R1)




                                     BEFORE
                       HONOURABLE MRS. JUSTICE MALASRI NANDI

                                            ORDER

03.08.2022

Heard Ms. R.D. Mozumdar, learned counsel appearing for the applicant as well as Ms. N. Dekaraja, learned counsel appearing for the respondent no. 1.

The appellant has preferred this application under Section 5 of the Limitation Act in preferring the connected appeal by condoning the delay of 83 days against the judgment and order dated 23.06.2017 passed by the Additional District Judge No. 3, Kamrup (M), Guwahti in M.A.C. Case No. 100/2013.

The learned counsel appearing for the appellant submitted that the grounds for causing the delay has been shown in paragraph nos. 3 to 7 of the condonation petition.

I have perused the same. The grounds of delay appears to be sufficient to condone the delay.

On the other hand, learned counsel for the respondent no. 1/claimant has made no objection to condone the delay of 83 days in preferring the connected appeal.

Considering the submissions of the learned counsel for the parties, the prayer for the applicant is allowed. The delay of 83 days is condoned. MAC Appeal has already been Page No.# 3/3

registered. List the matter for admission.

I.A. stands disposed of accordingly.

JUDGE

Comparing Assistant