Lakshmi Devi vs Jay Prakash Mishra And 2 Ors
2023 Latest Caselaw 1526 Gua

                                                                     Page No.# 1/3

GAHC010134052022




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

                                Case No. : I.A.(Civil)/2360/2022

            LAKSHMI DEVI
            W/O- LATE DINESH PRASAD SHARMA, R/O- PUBLIC HEALTH ROAD,
            DHENUKHANA PAHAR, P.O. AND P.S. TEZPUR, DIST. SONITPUR, ASSAM



            VERSUS

            JAY PRAKASH MISHRA AND 2 ORS.
            S/O- SRI RAJ KUMAR MISHRA, VILL.-DHENUKHANA PAHAR, P.O. AND P.S.
            TEZPUR, DIST. SONITPUR, ASSAM

            2:RAJ KUMAR SARMAH
             S/O- LAXMAN SARMAH
             R/O- VILL.- TARAJULI T.E.
             P.O. AND P.S. RANGAPARA
             DIST. SONITPUR
            ASSAM

            3:THE DIVISIONAL MANAGER
            THE NEW INDIA ASSURANCE CO. LTD.
            TEZPUR DIVISIONAL OFFICE
            TEZPUR
             DIST. SONITPUR
            ASSA

Advocate for the Petitioner   : MR B PUSHILAL

Advocate for the Respondent : MRS B ACHARYA (r-3)
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           Linked Case :

           LAKSHMI DEVI



           VERSUS

           JAY PRAKASH MISHRA AND 2 ORS. H



           ------------
           Advocate for : MR B PUSHILAL
           Advocate for : appearing for JAY PRAKASH MISHRA AND 2 ORS. H



                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                      ORDER

Date : 19.04.2023.

Heard Mr. B. Pushilal, learned counsel for the applicant. Also heard Mr. S. Chauhan, learned counsel for the respondent nos. 1 & 2 and Mr. A. Acharya, learned counsel for the respondent no. 3.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 222 days in preferring the connected MAC Appeal against the judgment and decree dated 03.09.2019 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur at Tezpur in MAC Case No.31/2018(D). The cause of delay is explained at paragraphs - 3, 4 and 5 of the connected application.

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

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Considering the submission of the learned counsel for the respondents as well as the pleadings made in the paragraphs 3, 4 and 5 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 MAC Appeal, if same is not defective and list for Admission, showing the name of Mr. A. Acharya .

JUDGE

Comparing Assistant