Cholamandalam Ms General ... vs Afifuddin Ahmed @ Arif And 2 Ors
2023 Latest Caselaw 1524 Gua

                                                                     Page No.# 1/3

GAHC010213072022




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

                               Case No. : I.A.(Civil)/3291/2022

            CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE,
            2ND FLOOR, NO. 2 N.S.C BOSE ROAD, CHENNAI, 600001 AND ITS BRANCH
            OFFICE AT AASTHA PLAZA, 4TH FLOOR, OPP. TO S.B DEORAH COLLEGE,
            GS ROAD, GUWAHATI



            VERSUS

            AFIFUDDIN AHMED @ ARIF AND 2 ORS .
            W/O SAHABUDDIN AHMED,
            RESIDENT OF RONGAJAN KURUKA GOAD, PO MORONGI, PS GOLAGHAT,
            DIST GOLAGHAT, ASSAM 785702

            2:SRI BABU KANTA BORI

             S/O LATE MON BORI
             RESIDENT OF NOLONI PATHAR
             MERAPANI
             PS MERAPANI
             DIST GOLAGHAT
             ASSAM 785705

            3:SRI RATUL DAS

             S/O SRI MANIK DAS

            RESIDENT OF VILLAGE KRISHNA SWAMI
            PO AND PS MERAPANI
            DIST GOLAGHAT
            ASSAM 78570

Advocate for the Petitioner   : MR. R GOSWAMI
                                                                           Page No.# 2/3


Advocate for the Respondent : MS. P BARUAH (r-1)




            Linked Case :

           CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.



            VERSUS

           AFIFUDDIN AHMED @ ARIF AND 2 ORS . B



           ------------
           Advocate for : MR. R GOSWAMI
           Advocate for : appearing for AFIFUDDIN AHMED @ ARIF AND 2 ORS . B



                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                        ORDER

Date : 19.04.2023.

Heard Ms. P. Borthakur, learned counsel for the applicant. Also heard Ms. P. Baruah, learned counsel for the respondent no.1.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 62 days in preferring the connected appeal against the judgment and decree dated 02.05.2022 passed by the learned Member, MACT, Golaghat in MAC Case No. 144/2016. The cause of delay is explained at paragraph - 2 of the connected application.

Page No.# 3/3

Learned counsel appearing for the respondent that she will have no objection, if delay is condoned.

Considering the submission of the learned counsel for the respondents as well as the pleadings made in the paragraph 2 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, showing the name of Ms. P. Baruah, learned counsel for the respondent no. 1 and list the matter for Admission.

JUDGE

Comparing Assistant