Oriental Insurance Company ... vs Md. Ikmadul Hussain And Anr
2022 Latest Caselaw 1132 Gua

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GAHC010122052019




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


                               Case No. : I.A.(Civil)/2049/2019


            ORIENTAL INSURANCE COMPANY LIMITED
            HAVING ITS REGIONAL OFFICE AT GUWAHATI, G.S. ROAD, ULUBARI,
            GUWAHATI- 781007, REP. BY THE REGIONAL MANAGER, GAUHATI
            REGIONAL OFFICE, ULUBARI, GUWAHATI- 781007.


            VERSUS


            MD. IKMADUL HUSSAIN AND ANR
            S/O- MD. ABDUL MANNAN, R/O- VILL.- DAKHIN KHATUWAL, P.O.
            TARABARI, P.S. RUPAHI, DIST.- NAGAON, ASSAM, PIN- 782125.


            2:HABIBUR RAHMAN
             S/O- MD. USMAN ALI
             R/O- VILL- 2 NO. KACHUWA
             P.S. AND P.O. KACHUWA
             DIST.- NAGAON
            ASSAM
             PIN- 782426


Advocate for the Petitioner   : MS. R D MOZUMDAR


Advocate for the Respondent : MR. H ROHMAN (R-1)
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                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                     ORDER

Date : 30-03-2022

Heard Ms. RD Mozumdar, learned counsel for the applicant.

This interlocutory application has been filed under Section 5 of the Indian Limitation Act, 1963 seeking condonation of delay of 35 days in preferring the appeal against the judgment and award order, dated 22.02.2019 passed by the Commissioner for Employees Compensation, Nagaon, Assam in N.E.C. Case No. 22/2016.

The respondent No. 1 has entered appearance through Mr. AJ Sarma, learned counsel.

None appears for the respondent No. 2. However, as per order of this Court, dated 12.11.2021 notice upon respondent No. 2 has been served. As directed by the said order, dated 12.11.2021 an office note has been given by the Registry that no vakalatnama has been filed for respondent No. 2. That being so, this Court is of the view that inspite of service of notice upon respondent No. 2, he has not entered appearance.

The connected appeal being a statutory appeal preferred under the provisions of Section 30 of the Workmen's Compensation Act, 1923, and in the absence of objection raised by the learned counsel for the respondent No.1, this Court allows the present interlocutory application and therefore, the delay of 35 days is condoned.

The Interlocutory Application stands disposed of accordingly. The connected appeal be registered and listed before this Court for admission in due course.

The Registry is directed to reflect the name of Mr. AK Sarma, learned Page No.# 3/3

counsel for the respondent No. 1 in the Cause-List when the matter is listed next in the connected appeal.

JUDGE

Comparing Assistant