Citation : 2023 Latest Caselaw 1161 Gua
Judgement Date : 22 March, 2023
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GAHC010034022017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2662/2017
NASIR UDDIN,
S/O MD. HABIBUR RAHAM, VILL. KABAITARI, P.O. JOGIGHOPA, P.S.
JOGIGHOPA, DIST. BONGAIGAON, ASSAM.
VERSUS
THE REGIONAL MANAGER and 2 ORS,
M/S ICICI LOMBARD GENERAL INS. CO. LTD. REGIONAL OFFICE, G.S.
ROAD, RUKMINIGAON, 3RD FLOOR, MADHAB TOWER, UWAHATI 781022
2:MRS. JELIKA MALLIK
W/O AFLUS MAZUMDAR
VILL. AZAD NAGAR
P.O. BALADMARI
P.S. GOALPARA
DIST. GOALPARA
ASSAM.
3:MD. TOKIBAR RAHMAN
S/O MAJIRUDDIN SHEIKH
VILL. MANDIPATHAR
P.O. JERA
DIST. GOALPARA
ASSAM
Advocate for the Petitioner : MR.S ISLAM
Advocate for the Respondent : MR. R GOSWAMI
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Linked Case :
NASIR UDDIN
VERSUS
THE REGIONAL MANAGER M/S ICICI LOMBARD GENERAL INSURANCE
CO. LTD and 2 ORS
2:PRINCIPAL SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY-6
3:DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-9
4:B.T.C.
KOKRAJHAR
REP. BY THE SECY. TO THE EDUCATION DEPTT.
KOKRAJHAR
5:DIRECTOR
EDUCATION DEPTT
BTC
KOKRAJHAR
6:INSPECTOR OF SCHOOLS
UDALGURI DISTRICT CIRCLE
BTC
DIST. UDALGURI
7:TRAESURY OFFICER
DISET. UDALGURI
UDALGURI
------------
Advocate for : MR H HOQUE
Advocate for : appearing for THE REGIONAL MANAGER M/S ICICI LOMBARD
GENERAL INSURANCE CO. LTD and 2 ORS
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BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 22.03. 2023 Heard Mr. M. Deka, learned counsel for the applicant and Mr. M. Talukdar, learned counsel for the respondent No. 3. Also heard Ms. M. Saikia, leaned counsel for the respondent No. 1.
As per office note dated 02.03.2023, no report has been received for service of notice upon the respondent No. 2. It appears from the office note that though notice has been issued several times to the respondent No. 2 but no service report has yet been received.
In view of the above, notice is deemed to have been served upon the respondent No. 2.
This application under Section 5 of the Limitation Act has been filed by the applicant seeking condoning the delay of 179 days in filing the connected appeal against the impugned judgment and order dated 19.09.2016, passed by the learned Commissioner, Workmen's Compensation, Kamrup, Guwahati in W.C. No. 08/2009.
It is submitted by the leaned counsel for the applicant that the grounds of delay hve been properly explained in paragaraph 3 of this application, which are found to be satisfactory. However, the learned counsel for the respondent Nos. 1 and 3 have made no objection for condoning the delay of 179 days in preferring the connected appeal.
In view of the above, the delay of 179 days is condoned and the I.A.
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stands disposed of.
Registry to register the appeal and list the matter for admission.
JUDGE
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