Oriental Insurance Co. Ltd vs Musst Shukiton Nessa And 3 Ors
2023 Latest Caselaw 3146 Gua

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GAHC010111512016




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

                            Case No. : I.A.(Civil)/40/2016 in
                                       MFA/264063/2015

         ORIENTAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI
         ROAD, NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI -7,
         REPRESENTED BY THE REGIONAL MANAGER



         VERSUS

         MUSST SHUKITON NESSA and 3 ORS,
         W/O LATE HARMUJ ALI

         2:MD. SHOHID ALI

          S/O LATE HARMUJ ALI

         3:MISS RELIMA KHATUN
          D/O LT. HARMUJ ALI ALL R/O VILL. KHUTAMARI
          P.O. BARBHITA
          P.S. and DIST. BONGAIGAON
         ASSAM PRESENTLY RESIDING AT VILL. KABAITARI
          P.S. JOGIGHOPA
          DIST. BONGAIGAON
         ASSAM.

         4:MR. KHOLILUR RAHMAN
          S/O LATE ABDUL HAMID
         VILL. PIKNAPARA
          P.O. PIRADHARA
          P.S. ABHAYAPURI
          DIST. BONGAIGAON
         ASSAM
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Advocate for the Petitioner   : MR.S DUTTA

Advocate for the Respondent : MR R ISLAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

16.08.2023

Heard Ms. S Mushahary, learned counsel for the applicant, who has filed this application under Section 5 of the Limitation Act, 1963 for condonation of delay of 147 days in preferring the connected appeal against the Judgment and Order dated 25.03.2015 passed by the learned Commissioner, Employees' Compensation, North Salmara, Abhayapuri, Bongaigaon in EC Case No. 208/2013.

Also heard Shri M Khan, learned counsel who is present for the respondent nos. 1, 2 and 3.

Office Note 29.12.2017 reflects that the respondent no. 4 has also been served.

Ms. Mushahary, learned counsel to explain the delay of 147 days has referred to the averments made in paragraph 5 of the application as per which, it has been submitted that the delay had occasioned because of some office formality and there was no negligence or laches.

Shri Khan, learned counsel for the respondent nos. 1, 2 and 3 fairly submits that he would not object to the condonation of delay.

In view of the above and taking into consideration the settled principles governing the consideration of delay petition which requires a justice oriented Page No.# 3/3

and pragmatic approach, the delay of 147 days is condoned.

Interlocutory application is accordingly allowed.

JUDGE

Comparing Assistant