The National Insurance Company ... vs Sri Bul Bul Bora And 2 Ors
2022 Latest Caselaw 4497 Gua

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GAHC010040072020




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

                                Case No. : I.A.(Civil)/699/2020

            THE NATIONAL INSURANCE COMPANY LIMITED
            REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA 700071,
            REPRESENTED BY THE MANAGER, GAUHATI REGIONAL OFFICE,
            BHANGAGARH, GUWAHATI 781005.



            VERSUS

            SRI BUL BUL BORA AND 2 ORS
            S/O SRI BIPUL BORA, R/O VILL BHELOUGURI, LALMATI, P.O. AND P.S.
            DOBOKA, DIST. HOJAI, ASSAM, PIN 782440.

            2:SRI KANCHAN SATNAMI (OWNER)
             S/O LATE NARAYAN SATNAMI
             R/O BORPUKHURI
             P.O. AND P.S. HOJAI
             DIST. HOJAI
            ASSAM
             PIN 782435.

            3:BIJOYLAL SATNAMI (DRIVER)
             S/O SRI HIRALAL SATNAMI
             R/O BORPUKHURI
             P.O. AND P.S. HOJAI
             DIST. HOJAI
            ASSAM
             PIN 782435

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent :
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          Linked Case :

          THE NATIONAL INSURANCE COMPANY LIMITED



          VERSUS

          SRI BUL BUL BORA AND 2 ORS



          ------------
          Advocate for :
          Advocate for : appearing for SRI BUL BUL BORA AND 2 ORS



                                BEFORE
                  HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                      ORDER

16.11.2022

Heard Ms. R.D. Mozumdar, learned counsel for the applicant.

By this application under second proviso to Section 173 of the M.V. Act, 1988 read with Section 5 of the Limitation Act, the applicant has prayed for condonation of delay of 172 days in preferring the connected appeal against the impugned judgment dated 01.06.2019 passed by the learned Addl. District and Sessions Judge, FTC, Hojai, Sankardev Nagar in MAC Case No. 74/2017.

Notices issued for service on the respondent Nos. 1, 2 and 3 by registered post with A/D on 20.05.2020 have not returned after service.

Notice is deemed served under Order V Rule 9(5) of the CPC.

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After hearing the learned counsel for the applicant and considering the grounds cited in Paragraph Nos. 3 to 7 of the application, the delay of 172 days in preferring the connected appeal is hereby condoned.

Registry to register the accompanying appeal and list the same after 6(six) weeks.

The I.A. stands disposed of.

JUDGE

Comparing Assistant