Page No.# 1/3 vs Mrs. Rinima Gogoi Changmai And 4 ...
2022 Latest Caselaw 1514 Gua

                                                                    Page No.# 1/3

GAHC010109682019




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

                         Case No. : I.A.(Civil)/1717/2019

         CHOLAMANDALAM M S GENERAL INSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT SHAW WALLACE BUILDING NO. 154,
         2ND FLOOR, THAMBU CHETTY STREET, CHENNAI- 600001 AND NORTH
         EAST STATE OFFICE AT ASTHA PLAZA, 4TH FLOOR, OPPOSITE TO
         DEORAH COLLEGE, BORA SERVICE, ULUBARI, G.S. ROAD, GUWAHATI-
         781005.

         VERSUS

         MRS. RINIMA GOGOI CHANGMAI AND 4 ORS
         W/O- LATE PRANAB CHANGMAI, R/O- VILL.- PALENGI, P.O. PALENGI, P.S.
         DEMOW, DIST.- SIVASAGAR, ASSAM-785640.

         2:SUMON CHANGMAI
          S/O- LATE PRANAB CHANGMAI
          R/O- VILL.- PALENGI
          P.O. PALENGI
          P.S. DEMOW
          DIST.- SIVASAGAR
         ASSAM-785640.

         3:MRS. RUPADA CHANGMAI
          M/O- LATE PRANAB CHANGMAI
          R/O- VILL.- PALENGI
          P.O. PALENGI
          P.S. DEMOW
          DIST.- SIVASAGAR
         ASSAM-785640.

         4:UJJAL JLSG
          C/O- DEEP JYOTI GOGOI
         VILL.- CHARAGUA GAON
          P.O. CHARAGUA
          P.S. DEMOW
          DIST.- SIVASAGAR
                                                                     Page No.# 2/3

             ASSAM-785640.

            5:SRI DHARMESWAR KONWAR
             S/O- LATE PUSPENDRA KONWAR
             R/O- VILL. 1 NO. LAGUABARI GAON
             P.O. RAJMAI
             P.S. DEMOW
             DIST.- SIVASAGAR
            ASSAM- 785662

Advocate for the Petitioner   : MR. K K BHATTA

Advocate for the Respondent : MR. N BORUAH (R5)

                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                         ORDER

Date : 09-05-2022

Heard Mr. K. K. Bhatta, learned counsel for the applicant/Insurance Company.

None has appeared on behalf of the opposite parties though notice on opposite parties No. 1 to 5 are indicated to have been served vide Office Note, dated 09.03.2022.

This is an application preferred by the applicant/Insurance Company under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 27 days, in preferring the connected appeal which is directed against the judgment & award, dated 10.10.2018, passed by the learned Member, MACT No. 1, Kamrup, Guwahati, in MAC Case No. 600/2015.

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The reasons for the delay in not preferring the connected MAC. appeal within the stipulated time have been explained in paragraphs No. 6 & 7 of the accompanying application stating that the delay has occurred due to the official procedure that was required to be followed in the office of the applicant/ Insurance Company while processing the file for preferring the appeal.

On perusal of the explanation provided in paragraphs No. 6 & 7 of the accompanying application, I am satisfied that there was no laches and negligence on the part of the applicant/ Insurance Company and the applicant was prevented by a sufficient cause in not preferring the connected MAC. appeal within the stipulated time period.

In view of the above, the delay of 27 days in filing the connected appeal is hereby condoned.

The interlocutory application stands allowed and accordingly stands disposed of.

Registry shall register the connected appeal and list it for admission hearing in due course.

JUDGE Comparing Assistant