The New India Assurance Company ... vs Sanju Tanti And 3 Ors
2022 Latest Caselaw 1831 Gua

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GAHC010262712019




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

                         Case No. : I.A.(Civil)/4212/2019

         THE NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS NORTH EASTERN REGIONAL OFFICE AT GUWAHATI, G.S.
         ROAD, STAR CITY COMPLEX, LACHITNAGAR, GUWAHATI- 781007, REP.
         BY THE MANAGER, NORTH EASTERN REGIONAL OFFICE, STAR CITY
         COMPLEX, LACHITNAGAR, GUWAHATI- 781007.



         VERSUS

         SANJU TANTI AND 3 ORS
         S/O- JAGADISH TANTI.

         2:MOJU TANTI
          W/O- SANJU TANTI
          BOTH ARE PERMANENT RESIDENT OF VILL.- MANIKNAGAR T.E.
         P.O. MANIKNAGAR
          P.O. RAMKRISHNA NAGAR
          DIST.- KARIMGANJ
         ASSAM
          PIN- 788166 AND TEMPORARILY RESIDING AT HAILAKANDI TOWN
          WARD NO. 14
          C/O- GOURISH ACHARJEE
          P.O.
          P.S. AND DIST.- HAILAKANDI
         ASSAM
          PIN- 788155.

         3:RASHID AHMED
          S/O- ABDU SUBUR
          R/O- VILL.- BAKRIHAWAR PT-IX
          P.O. KALIBARI BAZAR
          P.S. ALGAPUR
          DIST.- HAILAKANDI
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             ASSAM
             PIN- 788150.

            4:ABDUL KAYUM AHMED
             S/O- SABUL ULLA
             R/O- VILL.- SRIKUNA PT-II
             P.O. SRIKONA
             P.S. SILCHAR
             DIST.- CACHAR
            ASSAM
             PIN- 788026

Advocate for the Petitioner    : MS. R D MOZUMDAR

Advocate for the Respondent : MR. J LASKAR (R1, R2)




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                            ORDER

Date : 27.05.2022

Heard Ms. C. Mozumdar, learned counsel for the applicant and Mr. A. Mobaroque, learned counsel for the opposite party Nos.2 and 3.

Office Note dated 09.05.2022 indicates that opposite party Nos.3 and 4 have also been served.

This is an application filed under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 14 days in filing the connected MAC appeal, which is directed against the judgment & award dated 28.06.2019, passed by the learned Member, MACT, Hailakandi in MAC Case No.110/2017.

The reason for delay of 14 days in filing the connected MAC appeal has been explained in the accompanying application stating that it was due to the legal opinion that was sought for, from the Page No.# 3/3

Advocates after the certified copy of the judgment & award was received by the applicant.

Upon consideration of the explanations provided in the accompanying application explaining the delay of 14 days in preferring the connected MAC appeal, as highlighted hereinabove, I am satisfied that the applicant was prevented by a sufficient cause in not preferring the connected appeal within the stipulated time and there was no negligence and laches on the part of the applicant.

In view of the above, the delay of 14 days in filing the connected MAC appeal is hereby condoned, in the interest of justice.

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

The I.A stands allowed and disposed of.

JUDGE

Comparing Assistant