Page No.# 1/3 vs Naren Chandra Malakar And 2 Ors
2023 Latest Caselaw 1583 Gua

                                                               Page No.# 1/3

GAHC010155492022




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

                        Case No. : I.A.(Civil)/2595/2022

         MIHINUR KHATUN AND 3 ORS
         W/O LATE MONOWAR HUSSAIN,
         RESIDENT OF VILLAGE MODHUSOULMARI PART II, PO GAURIPUR, DIST
         DHUBRI, ASSAM 783331

         2: MOSABIR ALOM
          S/O LATE MONOWAR HUSSAIN

         RESIDENT OF VILLAGE MODHUSOULMARI PART II
         PO GAURIPUR
         DIST DHUBRI
         ASSAM 783331
         TO BE REP. BY. PET. NO. 1

         3: MOMOTAZ BEGUM
         W/O NOWSHAD ALI SK

         RESIDENT OF VILLAGE MODHUSOULMARI PART II
         PO GAURIPUR
         DIST DHUBRI
         ASSAM 783331

         4: NOWSHAD ALI SK
          D/O LATE SARITULLAK SK

         RESIDENT OF VILLAGE MODHUSOULMARI PART II
         PO GAURIPUR
         DIST DHUBRI
         ASSAM 78333

         VERSUS

         NAREN CHANDRA MALAKAR AND 2 ORS
         S/O GOPINATH MALAKAR,
                                                                        Page No.# 2/3

            DEBOTTAR HASDAHA,
            PO GOLAKGANJ, DIST DHUBRI, ASSAM

            2:SHYAMAL CHANDRA MALAKAR

             NORTH DEBOTTAR HASDAHA

            PO GOLAKGANJ
            DHUBRI
            ASSAM 783334

            3:ORIENTAL INSURANCE COMPANY LIMITED
             REPRESENTED BY ITS REGIONAL MANAGER
             GS ROAD
             ULUBARI
             GUWAHATI 781007
            ASSA

Advocate for the Petitioner   : MR. A R AGARWALA

Advocate for the Respondent : MS. R D MOZUMDAR (r-3)




             Linked Case :

            MIHINUR KHATUN AND 3 ORS



             VERSUS

            NAREN CHANDRA MALAKAR AND 2 ORS B



            ------------
            Advocate for : MR. A R AGARWALA
            Advocate for : appearing for NAREN CHANDRA MALAKAR AND 2 ORS B
                                                                                  Page No.# 3/3

                                     BEFORE
                           HONOURABLE MR. JUSTICE K. SEMA

                                          ORDER

Date : 21-04-2023

Heard Mr. AR Agarwala, learned counsel for the petitioner and Ms. C Mozumdar, learned counsel for the respondent no. 3. Also heard Mr. SD Roy, learned counsel for the respondent Nos. 1 and 2.

This application has been filed under Section 5 of the Limitation Act, 1963 for condoning the delay of 65 (sixty five) days in preferring the connected MAC Appeal against the judgment and order dated 31.07.2022 passed by the learned Member, Motor Accident Claims Tribunal, Dhubri in MAC Case No. 157/2016. The grounds for the delay have been cited in paragraphs 3, 4 and 5 of the application. The learned counsel for the respondents have no objection to the application for condonation.

This Court has perused the grounds cited in the application and satisfied that the applicant has satisfactorily explained the delay. The delay of 65 (sixty five) days is accordingly condoned.

I.A. stands disposed.

The Registry may take necessary steps to register the connected appeal and list it after two weeks.

JUDGE

Comparing Assistant