Page No.# 1/4 vs United India Insurance Co. Ltd. ...
2023 Latest Caselaw 2586 Gua

                                                               Page No.# 1/4

GAHC010084272022




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

                        Case No. : I.A.(Civil)/3454/2022

         RUNUMA KALITA AND 3 ORS.
         W/O SRI MANOHAR KALITA
         RESIDENT OF HOUSE NO. 88 PATARKUCHI NEAR DURGA MANDIR
         BASISTHA CHARIALI
         PO AND PS BASISTHA
         DIST KAMRUP (M) ASSAM

         2: SRI MANOHAR KALITA
         S/O LATE PATIK CHANDRA KALITA

         RESIDENT OF HOUSE NO. 88 PATARKUCHI NEAR DURGA MANDIR
         BASISTHA CHARIALI
         PO AND PS BASISTHA
         DIST KAMRUP (M) ASSAM

          3: MALABIKA KALITA

         D/O SRI MANOHAR KALITA
         RESIDENT OF HOUSE NO. 88 PATARKUCHI NEAR DURGA MANDIR
         BASISTHA CHARIALI
         PO AND PS BASISTHA
         DIST KAMRUP (M) ASSAM

         4: SANGITA KALITA
         D/O SRI MANOHAR KALITA
         RESIDENT OF HOUSE NO. 88 PATARKUCHI NEAR DURGA MANDIR
         BASISTHA CHARIALI
         PO AND PS BASISTHA
         DIST KAMRUP (M) ASSAM
         VERSUS

         UNITED INDIA INSURANCE CO. LTD. AND 5 ORS.
         HAVING ITS REGISTERED HEAD OFFICE AT 24 WHITES ROAD
         CHENNAI 600014 REPRESENTED BY THE DEPUTY MANAGER
                                                                Page No.# 2/4

GUWAHATI REGIONAL OFFIE
BHANGAGARH
GUWAHATI 781005

2:MD. BAUBUL ALI @ BABAL ALI
S/O MD. A. ALI

RESIDENT OF VILLAGE TUHURA BAIHATA CHARIALI
PS BAIHATA CHARIALI
DIST KAMRUP R ASSAM 781381
3:JAYNAL ALI @ JAINAL ALI
S/O YAKUB ALI @ EYAKUB ALI

RESIDENT OF VILLAGE PIYALIKHATA
PO BAIHATA CHARIALI
PS KAMALPUR
DIST KAMRUP R ASSAM
4:BHANWARLAL DHAYAL

S/O LATE G.R DHAYAL

RESIDENT OF FA ROAD
MACHKHOWA
GUWAHATI
DIST KAMRUP M ASSAM
5:BIJAY SINGH
S/O NILA SINGH
C/O BHANWARLAL DHAYAL
RESIDENT OF F.A ROAD
MACHKHOWA
GUWAHATI
KAMRUP M ASSAM
6:THE BRANCH MANAGER

M/S HDFC ERGO GIC LTD. BHANGAGARH
 GUWAHATI
ASSAM
 ------------
 Advocate for : MR D MONDAL
Advocate for : MS. R D MOZUMDAR (r-1) appearing for UNITED INDIA
INSURANCE CO. LTD. AND 5 ORS.
                                                                         Page No.# 3/4


                                     BEFORE
                      HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 19.06.2023

Heard Mr. D. Mondal, the learned counsel appearing on behalf of the Applicants and Ms. R. D. Mozumdar, the learned counsel appearing on behalf of the Opposite Party No.1.

2. This is an application for condonation of the delay in filing the accompanying Cross Objection under Order XLI Rule 22 of the Code of Civil Procedure, 1908.

3. From a perusal of the provisions of Order XLI Rule 22, it transpires that the cross objection has to be filed within one month from the date of service of notice of the date fixed for hearing the appeal or within such further time as the Appellate Court may deem fit to allow. Under such circumstances, the filing of the instant application under Section 5 of the Limitation Act, 1963 is misconceived.

4. Be that as it may, taking into account the cross objection so filed and the only limited ground on which the said cross objection relates is as regards not granting the future prospects which is a statutory entitlement of the Applicants in view of the judgment of the Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi and Others reported in (2017) 16 SCC 680, this

Court permits the Applicants to file the cross objection in terms with order XLI Rule 22.

5. The Registry is therefore directed to register the cross objection and list the matter before this Court for admission.

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6. With above, IA stands disposed of.

JUDGE

Comparing Assistant