Sri Sanwarmal Swami vs The Oriental Insurance Co. Ltd. ...
2022 Latest Caselaw 1747 Gua

                                                                   Page No.# 1/3

GAHC010155112019




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

                         Case No. : I.A.(Civil)/2415/2019

         SRI SANWARMAL SWAMI
         R/O- HANUMAN BHANDAR, DIPHU TOWN, DIST.- KARBI ANGLONG,
         ASSAM, PIN- 782460.



         VERSUS

         THE ORIENTAL INSURANCE CO. LTD. AND 4 ORS.
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI
         ROAD, NEW DELHI, PIN- 110002 AND REGIONAL OFFICE AT GODREJ
         BUILDING, G.S. ROAD, ULUBARI, PIN- 781007. (INSURER OF THE VEHICLE
         BEARING NO. AS-09-6717 (TRUCK).

         2:SMTI. JONAKI BORA
         W/O- LATE MADHAB BORA
          R/O- VILL.- HALDHIATI
          P.O. AND P.S. BAKALIA
          DIST.- KARBI ANGLONG
         ASSAM
          PIN- 782482.

         3:MISS KARNIKA BORA
          D/O- LATE MADHAB BORA
          R/O- VILL.- HALDHIATI
          P.O. AND P.S. BAKALIA
          DIST.- KARBI ANGLONG
         ASSAM
          PIN- 782482.

         4:MISS PARSI BORA
          D/O- LATE MADHAB BORA
          R/O- VILL.- HALDHIATI
          P.O. AND P.S. BAKALIA
                                                                               Page No.# 2/3

             DIST.- KARBI ANGLONG
             ASSAM
             PIN- 782482.

            5:SRI ASHINI DIFUSA
             S/O- LATE Z.S. DIFUSA
             R/O- HANUMAN BHANDAR
             P.O. AND P.S. DIPHU
             DIST.- KARBI ANGLONG
            ASSAM
             PIN- 782460. (DRIVER OF THE VEHICLE BEARING NO. AS-09-6717 (TRUCK)

Advocate for the Petitioner    : MR. S R GOGOI

Advocate for the Respondent : MS. R D MOZUMDAR




             Linked Case :

            SRI SANWARMAL SWAMI



             VERSUS

            THE ORIENTAL INSURANCE CO. LTD AND 4 ORS



            ------------
            Advocate for :
            Advocate for : appearing for THE ORIENTAL INSURANCE CO. LTD AND 4 ORS



                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                           ORDER

Date : 23.05.2022

Heard Mr. S. R. Gogoi, learned counsel for the applicant and Ms. R. D. Mozumdar, learned counsel for the respondent No.1.

Page No.# 3/3

While praying for condonation of 636 days in preferring the connected MAC appeal, one of the grounds urged by the applicant is that though the impugned award and judgment was passed on 30.06.2017 by the learned Tribunal in the presence of applicant's counsel, the applicant's counsel did not inform the applicant about the award and judgment passed by the learned Tribunal dated 30.06.2017. The applicant could come to know about the award and judgment of the learned Tribunal only on 28.05.2019 when a notice of bakijai case filed against the applicant was received by him. As a result of which, a delay of 636 days had occurred in preferring the MAC appeal.

Under the circumstances, the learned counsel, who had represented the applicant before the Tribunal is a necessary party in the instant application filed by the applicant under Section 5 of the Limitation Act, 1963, for which Mr. Gogoi, learned counsel for the applicant prays for and is granted 2(two) weeks time to implead the learned counsel who had represented the applicant in the Tribunal as a party respondent in this case

List the matter 2(two) weeks.

JUDGE

Comparing Assistant