United India Insurance Co. Ltd vs Smti Indu Kalita And 5 Ors
2023 Latest Caselaw 1418 Gua

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GAHC010019462016




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

                                Case No. : I.A.(Civil)/603/2016

            UNITED INDIA INSURANCE CO. LTD.
            A PUBLIC SECTOR UNDERTAKING, HAVING ITS REGISTERED OFFICE AT
            CHENNAI, REPRESENTED BY ITS REGIONAL OFFICE AT G.S. ROAD,
            GUWAHATI, ASSAM-781005



            VERSUS

            SMTI INDU KALITA and 5 ORS,
            W/O LATE RABIN KALITA



Advocate for the Petitioner   : MR.B J MUKHERJEE

Advocate for the Respondent : MR.L KALITA R-6


                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 04-04-2023

1. Heard Ms. L. Sharma, learned counsel for the applicant. None appars for the respondents, on call.

2. As per office note dated 24.03.2023, notice has been duly served upon the respondents but none appears on behalf of the respondents.

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3. This is an application filed under Section 5 of the Limitation Act 1963 for condoning the delay of 175 days in preferring the connected MAC appeal against the impugned judgment and award dated 31.07.2015, passed by the learned Addl. District Judge No. 2, Kamrup (Metro), Guwahati in MAC Case No. 2226 of 2014.

4. It is submitted by the learned counsel for the applicant that the ground of delay has been shown in paragraph Nos. 4 and 5 of the petition and the delay which is not intentional in preferring the connected appeal.

5. On the other hand, none appears on behalf of the respondents to raise any objection against the prayer of the applicant.

6. Considering the submissions of the learned counsel for the applicant as well as the grounds shown in the petition, prayer of the petitioner is allowed.

7. The delay of 175 days is hereby condoned.

8. The Registry to register the connected appeal and list the matter for admission.

9. The I.A. stands disposed of.

JUDGE

Comparing Assistant