The National Insurance Company ... vs Sri Biju Biswas And 2 Ors
2022 Latest Caselaw 4636 Gua

                                                                       Page No.# 1/3

GAHC010081982020




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

                                Case No. : I.A.(Civil)/1167/2020

            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 BIJU BISWAS AND 2 ORS
            S/O LATE UPENDRA CHANDAR BISWAS, R/O VILL. SERELIA BEHALI
            MIKIR, P.O. SERELIA VIA BORGANG, P.S. BEHALI, DIST. SONITPUR,
            ASSAM, PIN 784179

            2:BINA BISWAS
            W/O SRI BIJU BISWAS
             R/O VILL. SERELIA BEHALI MIKIR
             P.O. SERELIA VIA BORGANG
             P.S. BEHALI
             DIST. SONITPUR
            ASSAM
             PIN 784179

            3:JAKIR KHAN
             S/O MD. ALAM KHAN
             R/O VILL. SUKANSUTI
             P.O. BORGANG
             DIST. SONITPUR
            ASSAM
             PIN 78416

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 BIJU BISWAS AND 2 ORS (F)

           ------------
           Advocate for :
           Advocate for : appearing for SRI BIJU BISWAS AND 2 ORS (F)



                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                        ORDER

Date : 23.11.2022

None appears for the respondent No. 1 although A/D card returned after service on the respondent No. 1. Respondent No. 2 is the wife of the respondent No. 1 and the respondent No. 3 is the owner of the offending vehicle.

Notices were issued for service on the respondent Nos. 2 and 3 by registered A/D post on 18.12.2020, vide office note dated 02.01.2021.

In view of the above, notice is deemed to be served on the respondent Nos. 2 and 3.

By this application filed under Section 5 of the Limitation Act, the applicant has prayed for condoning the delay of 12 days in preferring the connected appeal against the Judgment and Order, dated 02.01.2020 passed in W.C. Case No. 27/2015 by the learned Commissioner for Workmen's Compensation at Tezpur Zone-III, Sontipur, Assam.

Upon hearing the learned counsel for both sides and considering the grounds cited in the petition, the delay of 12 days is hereby condoned.

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Registry to register the connected appeal and list the same.

This interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant