The Reliance General Insurance ... vs Nur Mohammad And 2 Ors
2022 Latest Caselaw 1812 Gua

                                                                  Page No.# 1/3

GAHC010009242019




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

                                Case No. : I.A.(Civil)/162/2019

            THE RELIANCE GENERAL INSURANCE COMPANY LTD
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RECTIFIER
            HOUSE 570, NIGAM CROSS ROAD RD, WADALA, MUMBAI 400031 AND ITS
            BRNCH OFFICE AT ANIL PLAZA ABC, GS ROAD, GUWAHATI 781005



            VERSUS

            NUR MOHAMMAD AND 2 ORS
            S/O HUMUZ ALI,
            RESIDENT OF VILLAGE CHILARVITA PS LAKHIPUR, DIST GOALPARA,
            ASSAM

            2:HOBIBUR RAHMAN
             S/O NOBIBUR RAHMAN

            RESIDENT OF VILLAGE CHILARVITA PS LAKHIPUR
            DIST GOALPARA
            ASSAM

            3:ASIR UDDIN @ NASIR UDDIN
             S/O MOTIOR RAHMAN
             RESIDENT OF VILLAGE TARANGAPUR
             PS LAKHIPUR
             DIST GOALPARA
            ASSA

Advocate for the Petitioner   : MR. P DEKA

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

                                       ORDER

Date : 26.05.2022

Heard Mr. S. P. Chittawat, learned counsel for the applicant/ Insurance Company.

Office Note, dated 11.05.2022, indicates that all the respondents have been duly served.

This is an application preferred by the applicant/Insurance Company under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 57 days, in preferring the connected appeal which is directed against the judgment & award, dated 28.07.2017, passed by the learned Member, MACT, Goalpara, in MAC Case No. 151/2010.

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 applicant/Insurance Company is a private Limited Company and the administrative affairs of the Company are being regulated by a Board of Directors which Head Office is located at Mumbai and the delay of 57 days in preferring the connected appeal has occurred due to the communication that was required to be made between the Head Office located at Mumbai and the Office of the applicant/Insurance Company located at Guwahati.

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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 57 days in preferring 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