Mariom Bibi vs Anowar Ali Prodhani And Anr
2023 Latest Caselaw 1350 Gua

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GAHC010082632022




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

                               Case No. : I.A.(Civil)/2790/2022

            MARIOM BIBI
            W/O LATE IMAN ALI,
            R/O GOBARDHANPARA,
            P.S.- BILASIPARA,
            DIST.- DHUBRI, ASSAM, PIN- 783348.


            VERSUS

            ANOWAR ALI PRODHANI AND ANR.
            S/O SAHAJAHAN ALIM
            VILL. AND P.O.- MOTORJAHR,
            DIST.- DHUBRI, ASSAM, PIN- 783334.

            2:UNITED INDIA INSURANCE CO. LTD.
             REP. BY THE REGIONAL MANAGER
             GUWAHATI REGIONAL OFFICE
             G.S. ROAD
             CHRISTIANBASTI
             GUWAHATI- 5

Advocate for the Petitioner   : MR. M TALUKDAR

Advocate for the Respondent : MR. A R AGARWALA (R-1)

            Linked Case :

            MARIOM BIBI


             VERSUS

            ANOWAR ALI PRODHANI AND ANR. F
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           ------------
           Advocate for : MR. M TALUKDAR
           Advocate for : appearing for ANOWAR ALI PRODHANI AND ANR. F



                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                      ORDER

Date : 31-03-2023

Heard the learned counsel for the applicant. Also heard Mr. R.C.Paul, learned counsel for the respondent No. 2.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 182 days in preferring the connected appeal against the judgment and order dated 15.06.2019, passed by the learned Member, Motor Accidents Claims Tribunal, Dhubri, in MAC Case No. 270/2015. The cause of delay is explained at paragraphs- 3 and 4 of the connected application.

Mr.Paul, 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 respondent No.2 as well as the pleadings made in the paragraphs 3 and 4 of the 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 Page No.# 3/3

for Admission by showing the name of Mr. R.C.Paul, as the counsel for the respondent No. 2 in the cause list.

JUDGE

Comparing Assistant