The Oriental Insurance Company ... vs Smti. Lakhi Malakar And 2 Ors
2022 Latest Caselaw 1810 Gua

                                                                   Page No.# 1/3

GAHC010273622019




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

                                Case No. : I.A.(Civil)/3897/2019

            THE ORIENTAL INSURANCE COMPANY LTD.
            A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956,
            REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI-7,
            DIST-KAMRUP, ASSAM

            VERSUS

            SMTI. LAKHI MALAKAR AND 2 ORS.
            W/O SRI MONORANJAN LAHKAR, R/O VILL-NORTH HURUA, P.O.-HURUA,
            DIST-NORTH TRIPURA, TRIPURA, P/R/A VILL-SILCOORIE CAMP, P.O.-
            SICOORIE, P.S.-SILCHAR, DIST-CACHAR, ASSAM, PIN-788001

            2:MONORANJAN MALAKAR
             S/O LATE NARENDRA MALAKAR
             R/O VILL-NORTH HURUA
             P.O.-HURUA
             DIST-NORTH TRIPURA
            TRIPURA
             P/R/A VILL-SILCOORIE CAMP
             P.O.-SICOORIE
             P.S.-SILCHAR
             DIST-CACHAR
            ASSAM
             PIN-788001

            3:SAJAL MALAKAR
             S/O LATE GOPAL MALAKAR
             R/O BAGAN
             KADAMTALA
             P.O. AND P.S.-DHARMANAGAR
             DIST-NORTH TRIPURA
            TRIPURA
             PIN-79925

Advocate for the Petitioner   : MR. S K GOSWAMI
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Advocate for the Respondent : MS. M BORUAH

                                  BEFORE
                      HONOURABLE MR. JUSTICE NANI TAGIA

                                       ORDER

Date : 26.05.2022

Heard Mr. R. Sharma, learned counsel for the applicant/ Insurance Company. Also heard Ms. R. D. Mozumdar, learned counsel appearing on behalf of the Opposite Party No. 2/Insurance Company.

None has appeared on behalf of the respondents though the names of the learned counsels have been shown in the Cause List as appearing on behalf of the respondents.

This is an application preferred by the applicant/Insurance Company under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 15 days, in preferring the connected appeal which is directed against the judgment & award, dated 12.06.2019, passed by the learned Member, MACT, Cachar, in MAC Case No. 224/2014.

The reasons for the delay in not preferring the connected MAC. appeal within the stipulated time have been explained in the accompanying application stating that the delay of 15 days have occurred on account of the official procedure that was required to be followed after a legal opinion was sought from the learned Advocate as well as in making correspondence between the Divisional and Regional Offices of the applicant/Insurance Company.

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Upon consideration of the explanation provided by the applicant/Insurance Company in the accompanying application, I am satisfied that there was no laches and negligence on the part of the applicant/Insurance Company and the applicant/Insurance Company 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 15 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