Arun Gogoi vs Gouri Sankar Sharma And 2 Ors
2023 Latest Caselaw 637 Gua

                                                                   Page No.# 1/3

GAHC010130422022




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

                                Case No. : I.A.(Civil)/2074/2022

            ARUN GOGOI
            S/O LATE TULSI GOGOI
            RESIDENT OF VILLAGE BOGIDOL, PS AND DIST SIVASAGAR, ASSAM
            785697



            VERSUS

            GOURI SANKAR SHARMA AND 2 ORS.
            S/O LATE MALIAM SHARMA
            T.R PHUKAN ROAD, FANCY BAZAR, NEAR SOMANI ENTERPRISES, DIST
            KAMRUP M ASSAM 781001

            2:MD. MAKIBUR RAHMAN
             S/O H. RAHMAN
            RESIDENT OF VILLAGE PURONA BIJNI
             PO AND PS BIJNI
             DIST CHIRANG
            ASSAM 783390

            3:SHRIRAM GENERAL INSURANCE COMPANY
             REPRESENTED BY THE REGIONAL MANAGER
             REGIONAL OFFICE
             ULUBARI
             GS ROAD
             GUWAHATI
             KAMRUP M ASSA

Advocate for the Petitioner   : MR. A ACHARYA

Advocate for the Respondent : MS. P BORTHAKUR (R3)
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              Linked Case :

           ARUN GOGOI



              VERSUS

           GOURI SANKAR SHARMA AND 2 ORS. H



           ------------
           Advocate for : MR. A ACHARYA
           Advocate for : appearing for GOURI SANKAR SHARMA AND 2 ORS. H



                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                      ORDER

20.02.2023.

Heard Mr. A. Acharya, learned counsel for the applicant.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 24 days in preferring the connected appeal against the judgment and award dated 29.01.2022, passed by the learned Member, Motor Accidents Claims Tribunal, No. 3, Kamrup, in MACT Case No. 746/2018. The cause of delay is explained at paragraphs 2, 3 and 4 of the connected application.

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

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Considering the submission of the learned counsel for the respondents as well as the pleadings made in the paragraphs 2, 3 and 4 of the connected application, this Court is of the opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time.

Accordingly, the delay is condoned.

IA stands disposed of.

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

JUDGE

Comparing Assistant