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2023 Latest Caselaw 1243 Gua

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GAHC010199802022




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

                         Case No. : I.A.(Civil)/3016/2022

         MERINA YESMIN AND 3 ORS
         W/O LATE AMDADUL ISLAM @ AMADUL ISLAM @ IMRAJUL ISLAM,
         RESIDENT OF VILLAGE DAKAIBOSTI, DHUPAGURI, PS DHING, DIST
         NAGAON.

         2: MUSSTT. RASHIDA BEGUM
         W/O AMIR UDDIN

         RESIDENT OF VILLAGE DAKAIBOSTI
         DHUPAGURI
         PS DHING
         DIST NAGAON.

         3: AMIR UDDIN
          S/O LATE USHEN ALI

         RESIDENT OF VILLAGE DAKAIBOSTI
         DHUPAGURI
         PS DHING
         DIST NAGAON.

         4: MASUM AHMED

          S/O LATE AMDADUL ISLAM @ AMADUL ISLAM @ IMRAJUL ISLAM

         REPRESENTED BY HIS MOTHER NAMELY MERINA YASMIN

         RESIDENT OF VILLAGE DAKAIBOSTI
         DHUPAGURI
         PS DHING
         DIST NAGAON

         VERSUS
                                                                             Page No.# 2/4

            PARTHA PRATIM KALITA AND 3 ORS
            S/O UMA KALITA
            RESIDENT OF VILLAGE BATADRAVA BORHISA, PS BATADRAVA, DIST
            NAGAON, ASSAM

            2:BRANCH MANAGER

             UNITED INDIA INSURANCE COMPANY LIMITED.

            3:MUZAMMIL HOQUE CHOUDHURY
             S/O JAHUR ALI
            RESIDENT OF VILLAGE ROWMARI
             PS DHING
             DIST NAGAON
            ASSAM

            4:THE BRANCH MANAGER

             NATIONAL INSURANCE COMPANY LIMITED

Advocate for the Petitioner   : MS. D GHOSH

Advocate for the Respondent : MR. K K BHATTA (r-2)




             Linked Case :

            MERINA YESMIN AND 3 ORS



             VERSUS

            PARTHA PRATIM KALITA AND 3 ORS E



            ------------
            Advocate for : MS. D GHOSH
            Advocate for : appearing for PARTHA PRATIM KALITA AND 3 ORS E
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                                BEFORE
               HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                     ORDER

27.03.2023.

Heard Mr. S. K. Chakma, learned counsel for the applicant. Also heard Mr. K. K. Bhatta, learned counsel for the respondent No. 2.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 86 days in preferring the connected appeal against the judgment and award dated 08.04.2021, passed by the learned Member, Motor Accidents Claims Tribunal, Nagaon, in MAC Case No. 461/2015. The cause of delay is explained at paragraphs 2, 3 and 4 of the connected application.

Mr. K. K. Bhatta, the learned counsel appearing for the respondent No. 2 submits that he 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 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 by showing the name of Mr. K. K. Bhatta, learned counsel as the counsel for the respondent No. 2 in the cause list.

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JUDGE

Comparing Assistant