Oriental Insurance Co. Ltd vs Md. Abdul Karim And Anr
2022 Latest Caselaw 5071 Gua

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GAHC010207952015




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

                              Case No. : MC/190/2015

          ORIENTAL INSURANCE CO. LTD.
          HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A 25/27 ASAF ALI
          ROAD, NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-7
          REPRESENTED BY THE REGIONAL MANAGER.

          VERSUS

          MD. ABDUL KARIM and ANR,
          S/O LATE BABU ALI, R/O ISLAMPATTY, NAGAON TOWN, P.S. NAGAON,
          DIST. NAGAON, ASSAM

          2:BABLU SEN

           S/O LATE N.C. SEN
           R/O HAIBORGAON
           P.S. NAGAON
           DIST. NAGAON
           ASSAM OWNER OF HE VEHICLE BEARING NO. AS-02/A-1871
           TRUC

Advocate for the Petitioner : MR.SIDHANT DUTTA
Advocate for the Respondent :

                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                     ORDER

16.12.2022

Mr. S. Dutta, learned counsel for the applicant and Ms. N. Rahman, learned counsel for the respondent No.1 is present.

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Office note dated 09.12.2022 shows that notice was issued for service on the respondent No.2 by registered A/D post on 25.08.2019 but neither the A/D card nor unserviced notice has been received yet. As such Under Section 27 of the General Clauses Act, 1897, notice is deemed to be served on the respondent No.2.

By this miscellaneous application under Section 5 of the Limitation Act, 1963, the petitioner has prayed to condone the delay of 59 days in filing the appeal against the judgment and order dated 11.12.2013 passed by the learned Commissioner, Workman's Compensation, Nagaon in W.C. Case No. 95/2005.

Upon hearing the learned counsel for both sides and considering the grounds cited in Para No. 5 of the application, the prayer for condonation of delay of 59 days in filing the appeal against the judgment and order dated 11.12.2013 passed by the learned Commissioner, Workman's Compensation, Nagaon in W.C. Case No. 95/2005 is hereby allowed.

Accordingly, the miscellaneous application stands disposed of.

Registry is directed to register the appeal and list the matter.

JUDGE

Comparing Assistant