Siriya Bibi vs Sri Bijay Dutta And 2 Ors
2022 Latest Caselaw 973 Gua

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GAHC010255972019




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

                                Case No. : I.A.(Civil)/4110/2019

            SIRIYA BIBI
            W/O- MD. GAJI RAHMAN, R/O- VILL.- HATIDHURA, P.O. GHASBARI, P.S.
            BILASIPARA- 783348, DIST.- DHUBRI, ASSAM.



            VERSUS

            SRI BIJAY DUTTA AND 2 ORS
            S/O- LATE ANANTA KUMAR DUTTA, R/O- VILL.- PACHAGARH, P.O.
            FAKIRAGRAM- 783345, DIST.- KOKRAJHAR, ASSAM.

            2:MD. ABDUL RAZZAK
             S/O- ABDUL MALEK
             R/O- VILL.- KODALDHOWA
             P.O. FAKIRAGRAM- 783345
             DIST.- KOKRAJHAR
            ASSAM.

            3:THE NEW INDIA ASSURANCE CO. LTD.

             BONGAIGAON D.O. MAIN ROAD
             KAKATI BHAWAN
             P.O. AND DIST.- BONGAIGAON
             ASSAM
             REP. BY REGIONAL OFFICE
             G.S. ROAD
             ULUBARI
             GUWAHATI- 781007

Advocate for the Petitioner   : MR. A R AGARWALA

Advocate for the Respondent : MR SISHIR DUTTA
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                                    BEFORE
                        HONOURABLE MR. JUSTICE NANI TAGIA

                                        ORDER

Date : 21.03.2022

None appears for the applicant.

Heard Mr. I. A. Talukdar, learned counsel for the opposite party No.1 and Ms. C. Borah, learned counsel for the opposite party No.3.

Office Note dated 14.03.2022, indicates that respondent No.2 has also been duly served.

This is an application filed under Section 5 of the Indian Limitation Act, 1963, for condonation of delay of 64 days in preferring the connected MAC appeal, which appeal is directed against the judgment & award dated 02.05.2019, passed by the learned Member, MACT, Dhubri, in MAC Case No.404/2014.

On perusal of the paragraph Nos. 3 and 4 of the accompanying application, it appears that delay of 64 days in preferring the connected MAC appeal had occurred due to the communication gap between the applicant and the engaged counsel, who had conducted the case at the Tribunal.

Upon consideration of the explanations provided in paragraph Nos. 3 and 4 of the accompanying application, I am of the view that the delay of 64 days in preferring the connected MAC appeal was not due to the laches and negligence on the part of the applicant, but the same was caused due to the communication gap between the applicant and the engaged Page No.# 3/3

counsel.

In view of the above, this application for condonation of delay of 64 days in preferring the connected MAC appeal is hereby allowed, by condoning the delay of 64 days in preferring the connected MAC appeal.

The connected MAC appeal shall now be registered and list it for Admission hearing.

The I.A stands disposed of.

JUDGE

Comparing Assistant