The Oriental Insurance Co. Ltd vs Narjima Akhtar And 3 Ors
2023 Latest Caselaw 1691 Gua

                                                                   Page No.# 1/2

GAHC010235322018




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

                                Case No. : I.A.(Civil)/3731/2018

            THE ORIENTAL INSURANCE CO. LTD
            A COMPANY REGISTERED UNDER THE COMPANIES ACT,1956
            REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI 7



            VERSUS

            NARJIMA AKHTAR AND 3 ORS
            MOTHER OF ARSIK AHMED @ MD. ASHIK ALI RESIDENT OF ANDHIRTARY
            ( NO. 2 JAMBARI), PS BOKO. DIST KAMRUP ASSAM 781123

            2:MD. AZAD ALI
             FATHER OF ARSIK AHMED @ MD. ASHIK ALI
            RESIDENT OF ANDHIRTARY ( NO. 2 JAMBARI)
             PS BOKO. DIST KAMRUP ASSAM 781123

            3:MR. K B PUN
             S/O LATE D B PUN
             R.O TENDER CHILD SCHOOL
             BARA PATHAR
             PS SHILLONG
             DIST KHASI HILLS EAST
             MEGHALAYA
             793001

            4:MD. MIRAJ ALI
             S/O MD. MD. MAZID ALI
            R.O MAHGARH
             GUMI
             PS CHAYGAON
             DIST KAMRUP ASSAM 78112

Advocate for the Petitioner   : MR. S K GOSWAMI
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Advocate for the Respondent : D MONDAL




                                    BEFORE
                       HONOURABLE MRS. JUSTICE MALASRI NANDI

                                                ORDER

Date : 28-04-2023

Heard Mr. S.K. Goswami, learned counsel for the applicant. Also heard Mr. D. Mondal, learned counsel for the respondent Nos. 1 & 2.

This is an application under Section 5 of the Limitation Act for condonation of delay of 1145 days in preferring the connected appeal against the judgment and order dated 26.02.2015 passed by the learned Member, MACT No. 2, Kamrup (M), Guwahati in MAC Case No. 1931/2012. Learned counsel for the respondent Nos. 1 & 2 submits that though he has filed objection against the prayer of the petitioner but now he has no objection if the prayer of the applicant is allowed. Considering the submissions of the learned counsel for the parties, the prayer of the applicant is allowed.

Accordingly, the delay of 1145 days in filing the MAC Appeal is condoned. List the matter for admission.

The Interlocutory application stands disposed of.

JUDGE

Comparing Assistant