Page No.# 1/4 vs Bholaram Bora And 2 Ors
2023 Latest Caselaw 636 Gua

                                                               Page No.# 1/4

GAHC010163302022




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

                          Case No. : I.A.(Civil)/2634/2022

         MUNU BORTHAKUR AND 2 ORS.
         W/O LATE TULEN BORTHAKUR,
         R/O R.G. BARUAH ROAD, GEETA NAGAR, GUWAHATI, ASSAM.
         PRESENTLY RESIDING AT
         VILL.- BEBEJIA,
         P.O.- NAGAON, DIST.- NAGAON, ASSAM.

         2: DIPALI BORTHAKUR
          D/O LATE TULEN BORTHAKUR

         R/O R.G. BARUAH ROAD
         GEETA NAGAR
         GUWAHATI
         ASSAM.
         PRESENTLY RESIDING AT
         VILL.- BEBEJIA

         P.O.- NAGAON
          DIST.- NAGAON
         ASSAM.

         3: NAYANMONI BORTHAKUR
          S/O LATE TULEN BORTHAKUR

         R/O R.G. BARUAH ROAD
         GEETA NAGAR
         GUWAHATI
         ASSAM.
         PRESENTLY RESIDING AT
         VILL.- BEBEJIA

         P.O.- NAGAON
          DIST.- NAGAON
         ASSAM
                                                        Page No.# 2/4


            VERSUS

            BHOLARAM BORA AND 2 ORS.
            S/O LATE MOHARAM BORA,
            VILL.- GEDABORI,
            P.S. JAJORI,
            DIST.- NAGAON, ASSAM.

            2:PANKAJ BORA
             S/O LATE BHELA BORA

            VILL.- GEDABORI

            P.S.- JAJORI

            DIST.- NAGAON
            ASSAM.

            3:THE REGIONAL MANAGER
             NATIONAL INSURANCE COMPANY LTD.
             G.S. ROAD
             BHANGAGARH
             GUWAHATI- 781005
             DIST.- KAMRUP
            ASSAM

Advocate for the Petitioner   : MR. A R AGARWALA

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




             Linked Case :

            MUNU BORTHAKUR AND 2 ORS.



             VERSUS

            BHOLARAM BORA AND 2 ORS. B
                                                                     Page No.# 3/4

          ------------
          Advocate for : MR. A R AGARWALA
          Advocate for : appearing for BHOLARAM BORA AND 2 ORS. B



                                BEFORE
               HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                     ORDER

20.02.2023.

Heard Mr. A. R. Agarwala, learned counsel for the applicant. None appears for the respondent Nos. 1 and 2, however, the learned counsel for the respondent No. 3, Insurance Company is present.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 105 days in preferring the connected appeal against the judgment and award dated 02.02.2019, passed by the learned Member, Motor Accidents Claims Tribunal, No. 3, Kamrup (M), Guwahati, in MACT Case No. 3195/2015. The cause of delay is explained at paragraphs 3, 4 and 5 of the connected application.

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

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 and after considering the same, this Court is of the considered opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time.

Accordingly, the delay is condoned.

Page No.# 4/4

IA stands disposed of.

Registry to register the connected appeal, if same is not defective and list for Admission.

JUDGE

Comparing Assistant