Smti Maya Rani Roy vs Shri Babul Boruah And 3 Ors
2022 Latest Caselaw 2771 Gua

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GAHC010008602014




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

                            Case No. : MC/1121/2014

         SMTI MAYA RANI ROY
         W/O SHRI JOGEN ROY, R/O VILL. KONWARPUR, RAJ ALI, P.O.
         KALAKHUWA, P.S. LALUK, DIST. LAKHIMPUR, ASSAM.


         VERSUS

         SHRI BABUL BORUAH and 3 ORS,
         S/O BIREN BORUAH, R/O VILL. KONWARPUR, P.S. LALUK, DIST.
         LAKHIMPUR, ASSAM.

         2:MRINAL NEOG

          S/O SHRI RAJEN NEOG
          R/O VILL. CHOMUA GAON
          P.O. BORBALI
          P.S. BIHPURIA
          DIST. LAKHIMPUR
          ASSAM.

         3:RAJEN NEOG

          S/O LATE JOGEN NEOG
          R/O VILL. CHOMUA GAON
          P.O. BORBALI
          P.S. BIHPURIA
          DIST. LAKHIMPUR
          ASSAM.

         4:NEW INDIA ASSURANCE CO. LTD.

          NORTH LAKHIMPUR BRANCH
          NORTH LAKHIMPUR REPRESENTED BY ITS BRANCH MANAGER
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Advocate for the Petitioner   : MR.D GOSWAMI

Advocate for the Respondent : MS.M SAIKIAR-4




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

Date : 05-08-2022

Heard Mr. D. Goswami, learned counsel for the applicant. Also heard Mr. R. Sarma, learned counsel for the respondents No. 2 & 3 and Ms. M. Saikia, learned counsel for the respondent No. 4.

None appears on behalf of the respondent No. 1 although office note reveals that notice has been served and A/D card has been duly received after due signature.

This Interlocutory Application has been filed seeking condonation of delay of 98 days which had occurred in filing the accompanying appeal against the Judgment and Order dated 11.04.2012 passed by the Motor Accident Claims Tribunal, Lakhimpur at North Lakhimpur in MACT Case No. 32/2010.

No objections have been filed.

Upon hearing the learned counsels for the parties and upon perusal of the grounds urged in the I.A., this Court finds sufficient explanation for the delay which had occurred in filing the accompanying appeal. Accordingly, the delay is condoned.

I.A. is accordingly allowed and disposed of.

Registry is directed to number the MAC appeal and list it before the Court Page No.# 3/3

after 2(two) weeks.

The learned counsel is permitted to serve advance copies of the memo of appeal to the learned counsel for the respondents.

JUDGE

Comparing Assistant