Oriental Insurance Co. Ltd vs Niharendra Narayan Baruah And 4 ...
2023 Latest Caselaw 2353 Gua

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GAHC010012212023




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

                         Case No. : I.A.(Civil)/155/2023

         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

         NIHARENDRA NARAYAN BARUAH AND 4 ORS.
         S/O LATE JOTINDRA NARAYAN BARUAH RESIDENT OF GHANKURSHA,
         NORTH SALMARA, PS ABHAYAPURI, DIST BONGAIGAON, ASSAM, 783384

         2:SRI ROHAN BARUAH

          S/O LATE JAYANTA NARAYAN BARUAH

         RESIDENT OF GHANKURSHA
         NORTH SALMARA
         PS ABHAYAPURI
         DIST BONGAIGAON
         ASSAM
         783384

         3:SRI NILIM BARUAH
          S/O LATE JAYANTA NARAYAN BARUAH

         RESIDENT OF GHANKURSHA
         NORTH SALMARA
         PS ABHAYAPURI
         DIST BONGAIGAON
         ASSAM
         783384
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            4:ABDUR RAHIM
             S/O MD. BARHANGRAM
             PO NAYANSUKH PS FARAKKA
             DIST MURSIDABAD
            WEST BENGAL
             742212

            5:GOBARDHAN SAHA
             S/O LATE SANTOSH SAHA

            RESIDENT OF KHEGUREAGHAT
            PS FARAKKA
            DIST MURSIDABAD
            WEST BENGAL
            74221

Advocate for the Petitioner   : MS. M CHOUDHURY

Advocate for the Respondent : MR. M KHAN (R-2,3)




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                        ORDER

Date : 05-06-2023

Heard Ms. M Choudhury, learned counsel for the applicant. The present application is filed under section 5 of the Limitation Act praying for condonation of delay of 26 days in preferring the connected review petition against the judgment and order dated 24.08.2022 passed in MAC Appeal No.259/2021.

Mr. M Khan, learned counsel for respondent Nos.2 and 3 has no objection if the delay is condoned.

Considering the submission of the learned counsel for the applicant as well as the pleadings made in paragraph 3 of the interlocutory application and after considering the same, this Court is of the considered opinion that the present applicant was prevented by Page No.# 3/3

sufficient cause in preferring the connected appeal within time.

Accordingly, the delay is condoned.

The I.A stands disposed of.

Registry to register the connected appeal, if same is not defective and list for Admission showing the name of Mr. M Khan, learned counsel for respondent Nos.2 and 3.

JUDGE

Comparing Assistant