Oriental Insurance Co. Ltd vs Musstt. Norecha Khatun And Anr
2023 Latest Caselaw 685 Gua

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GAHC010233762022




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

                                Case No. : I.A.(Civil)/3432/2022

            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

            MUSSTT. NORECHA KHATUN AND ANR.
            W/O NACHAR ALI,
            VILL.- NADIRMUKH,
            P.O. AND P.S.- KHARUPETIA,
            DIST.- DARRANG, ASSAM, PIN- 784115.

            2:MD. JIBAN ALI
             C/O HAIDOR ALI

            VILL.- N.K. GADHOWA

            P.O. AND P.S.- MANGALDAI

            DIST.- DARRANG (ASSAM)
            PIN- 784125

Advocate for the Petitioner   : MR SISHIR DUTTA

Advocate for the Respondent : MD K RAHMAN (r-2)




             Linked Case :
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          ORIENTAL INSURANCE CO. LTD.



              VERSUS

          NORECHA KHATUN AND ANR. F



          ------------
          Advocate for : MS. M CHOUDHURY
          Advocate for : appearing for NORECHA KHATUN AND ANR. F



                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                     ORDER

22.02.2023.

Heard Ms. M. Choudhury, learned counsel for the applicant.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 20 days in preferring the connected appeal against the judgment and award dated 27.07.2022, passed by the learned Member, Motor Accidents Claims Tribunal, Darrang, Mangaldai, in MAC Case No. (D) 02/2019. The cause of delay is explained at paragraph 4 of the connected application.

The learned counsel appearing for the respondent Nos. 1 and 2, respectively have fairly submit 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 paragraph 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.

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Accordingly, the delay is condoned.

IA stands disposed of.

Registry to register the connected appeal, if same is not defective and list for Admission by showing the name of the learned counsel for the respondent Nos. 1 and 2 in the cause list.

JUDGE

Comparing Assistant