Md. Anowar Hussain vs Oriental Insurance Co. Ltd. And 2 ...
2023 Latest Caselaw 1492 Gua

                                                                  Page No.# 1/2

GAHC010085482021




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

                                Case No. : I.A.(Civil)/693/2022

            MD. ANOWAR HUSSAIN
            S/O FALU SEIKH @ K. SEIKH,
            RESIDENT OF KOREAPARA, JOGIGHOPA, BONGAIGAON, ASSAM, 783382



            VERSUS

            ORIENTAL INSURANCE CO. LTD. AND 2 ORS.
            DIVISIONAL OFFICE, NORTH BONGAIGAON, BONGAIGAON, ASSAM
            783380

            2:JINTUR RAHMAN
             S/O SULTAN ALI

            RESIDENT OF VILLAGE CHATPARA
            PS JOGIGHOPA
            DIST BONGAIGAON
            ASSAM
            783389

            3:JAHURA KHATUN
            W/O SULTAN ALI
            RESIDENT OF VILLAGE CHATPARA
             PS JOGIGHOPA
             DIST BONGAIGAON
            ASSAM 78338

Advocate for the Petitioner   : MR. B J MUKHERJEE

Advocate for the Respondent :
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                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                     ORDER

11.04.2023

Office note dated 02.02.2023 reflects that notice has duly been served upon the parties. However, none appears on call though, Mr. B. J. Mukherjee, learned counsel is present representing the applicant.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 170 days in preferring the connected appeal against the judgment and order dated 23.07.2019, passed by the learned Member, Motor Accidents Claims Tribunal, Bongaigaon, in MAC Case No. 24/2012. The cause of delay is explained at paragraphs- 3 and 4 of the connected application.

Considering the submission of the learned counsel for the applicant as well as the pleadings made in the paragraphs 3 and 4 of the connected application, this Court is of the opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time.

Accordingly, the delay is condoned.

IA stands disposed of.

Registry to register the connected appeal, if same is not defective and list for Admission accordingly.

JUDGE

Comparing Assistant