Page No.# 1/3 vs The United India Insurance Co. Ltd ...
2022 Latest Caselaw 2774 Gua

                                                               Page No.# 1/3

GAHC010226632018




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

                        Case No. : I.A.(Civil)/3650/2018

         SMT RUMI BARUAH SONOWAL AND 2 ORS
         W/O LATE JAGAT SONOWAL, RESIDENT OF VILLAGE BORHOLA TINAILI,
         KHEREMAIGAON,PO BORHOLLA, 785631, PS BORHOLA, DIST JORHAT,
         ASSAM

         2: MISS BANASHREE SONOWAL
          D/O LATE JAGAT SONOWAL
          RESIDENT OF VILLAGE BORHOLA TINAILI
          KHEREMAIGAON
         PO BORHOLLA
          785631
          PS BORHOLA
          DIST JORHAT
         ASSAM
         TO BE REPRESENTED BY HER MOTHER SMTI. RUMI BARUAH SONOWAL

         3: MISS MAITREYEE SONOWAL
          D/O LATE JAGAT SONOWAL
          RESIDENT OF VILLAGE BORHOLA TINAILI
          KHEREMAIGAON
         PO BORHOLLA
          785631
          PS BORHOLA
          DIST JORHAT
         ASSAM
         TO BE REPRESENTED BY HER MOTHER SMTI. RUMI BARUAH SONOWA

         VERSUS

         THE UNITED INDIA INSURANCE CO. LTD AND ANR
         REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE,
         CHRISTAIN BASTI, BHANGAGARH, GUWAHATI 781005. POLICY NO
         130305311P 101411268 MAIN BRANCH
                                                                                    Page No.# 2/3

            2:SRI AMRIT GOGOI
             S/O LATE PUNYADHAR GOGOI
            PERMANENT RESIDENT OF VILLAGE BAGTOLI PATHAR GAON
             PO NAHARJAN
             NAHARANI
             PS KHOWANG
             DIST DIBRUGARH
            ASSAM
             785675
            DL NO. 19960003189
            VALIDITY 21.04.2016 TO 10.08.201

Advocate for the Petitioner   : MR. P BHOWMICK

Advocate for the Respondent : MR. R C PAUL (R1)




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 05-08-2022

Heard Mr. P. Bhowmick, learned counsel appearing for the appellants. Also heard Mr. R.C. Paul, learned counsel for respondent No. 1. None appears for the respondent No. 2 though as per Office Note it reflects that notice has been properly served to respondent No.

2.

The applicant has pressed the application under Section 5 of the Limitation Act for condonation of 19 days delay in filing the connected appeal against the judgment & award dated 17.05.2018 passed by the learned Additional District Judge No. 3 (FTC), Kamrup (M) in MAC Case No. 1299/2014.

Learned counsel for respondent No. 1 has fairly submitted that he has no objection if the delay of 19 days is condoned.

Considering the ground of delay as shown in the para 3 of the condonation petition and after hearing the learned counsel for the parties this Court is satisfied that the applicant has succeeded to make out sufficient cause warranting exercise of discretion for condoning Page No.# 3/3

delay of 19 days in preferring the appeal.

Prayer is allowed.

Delay of 19 days is condoned. The appeal is already registered. Registry is directed to take steps to list the connected appeal for admission.

List the matter after 2 (two) weeks for admission.

I.A. stands disposed off.

JUDGE

Comparing Assistant