Md Jahur Ali vs M/S Prerona Transport And ...
2022 Latest Caselaw 726 Gua

                                                                    Page No.# 1/2

GAHC010007992016




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

                                  Case No. : I.A./446/2016

            MD JAHUR ALI
            S/O LATE KERAMAT ULLAH, VILL.JAGIROAD RAM MANDIR,
            P.S.JAGIROAD, DIST. MORIGAON, ASSAM.



            VERSUS

            M/S PRERONA TRANSPORT and CARRYING CO. P LTD. and 3 ORS,
            27 KALAPAHAR HILL SIDE, BINOVA NAGAR, GUWAHATI -18, DIST.
            KAMRUP, ASSAM, OWNER OF VOLVO BUS

            2:THE ORIENTAL INSURANCE CO. LTD.
             REPRESENTED BY ITS REGIONAL MANAGER
             GUWAHATI REGIONAL OFFICE
             ULUBARI
             GUWAHATI-7 INSURER OF VOLVO BUS

            3:MUST . FARIDA KHATUN

             W/O MD. JAHUR ALI
             VILL. SAGUNBAHI
             P.S. MORIGAON
             DIST. MORIGAON
             ASSAM
             PIN CODE 782105 OWNER OF AUTOR VAN

            4:NEW INDIA ASSURANCE CO. LTD.
             REPRESENTED BY ITS DIVISIONAL MANAGER
             BHANGAGARH
             GUWAHATI-5 INSURER OF AUTO VA

Advocate for the Petitioner   : MR.M TALUKDAR
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Advocate for the Respondent : MR.S K GOSWAMIR-2




                                  BEFORE
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                       ORDER

Date : 02.03.2022

Heard Mr. M. Talukdar, learned counsel appearing for the petitioner as well as Mr. S.K. Goswami and Mr. A. Dutta, learned counsel appearing for the respondents.

This is an application under Section 5 of the Limitation Act praying for condonation of delay 608 days in filing the appeal.

The judgment and award was passed by the tribunal on 30.09.2013. After about two years, on 14.07.2016 the petitioner applied for certified copy of the judgment. It was obtained on 31.08.2015. The appeal ought to have been filed on or before 16.02.2014.

The petitioner has stated that the delay was not intentional but no reason has been given as to why the delay took place.

The foundation for a prayer under Section 5 of the limitation Act 1963 is based on only one key and it is "sufficient cause". The petitioner herein has not shown any cause for delay. Therefore, the delay does not deserve to be condoned.

The petition stands dismissed accordingly.

JUDGE

Comparing Assistant