United India Insurance Co. Ltd vs Ashalata Biswas
2023 Latest Caselaw 3190 Gua

                                                                     Page No.# 1/2

GAHC010013022018




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

                                Case No. : I.A.(Civil)/148/2018
                                         in MACApp./27/2018


            UNITED INDIA INSURANCE CO. LTD.
            HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI 600014
            AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD, GUWAHATI-5,
            REPRESENTED BY THE CHIEF REGIONAL MANAGER



            VERSUS

            ASHALATA BISWAS
            VILL. DHAWLIGURI, P.O. AND P.S. GOSAIGAON, DIST. KOKRAJHAR, BTAD,
            ASSAM.



Advocate for the Petitioner   : MR. S DUTTA

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                           ORDER

17.08.2023

Heard Ms. S. Mushahary, learned counsel for the applicant who submits that in compliance with the order dated 26.06.2023, service upon the Page No.# 2/2

respondent by way of paper publication has been made and in this connection, an affidavit has been filed on 08.08.2023 annexing a copy of the said newspaper namely, the Axomiya Pratidin dated 15.07.2023.

Perused the said affidavit along with the publication made in the newspaper.

The service accordingly is held to be complete.

By this application, a prayer has been made for condonation of delay of 73 days in preferring the appeal against the judgment and order dated 29.06.2017 passed by the learned MACT, Kokrajahar in MAC Case No. 52/2013. By referring to the averments made in paragraph 6 of the application, the learned counsel has submitted that the Award was passed by the Tribunal at Kokrajhar whereafter necessary approval for filing the appeal had to be taken from the Regional Office and in completion of the office formality, the delay has occasioned. She further submits that there is no negligence or laches on the part of the applicant.

Considering the aforesaid submission and also the settled law holding the field that a justice oriented and pragmatic approach is necessary in matters of condonation of delay, the delay of 73 days in preferring the appeal is condoned.

Interlocutory Application accordingly stands allowed.

JUDGE

Comparing Assistant