Ramjan Ali @ Romjan Ali vs Noor Mahammad And 2 Ors
2023 Latest Caselaw 1357 Gua

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GAHC010009392021




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

                                Case No. : I.A.(Civil)/151/2021

            RAMJAN ALI @ ROMJAN ALI
            S/O- LATE MUSTAK ALI, R/O- VILL.- RIVER BLOCK, 5 N.C., P.O.
            PADMERALGA, P.S. FAKIRGANJ, DIST.- DHUBRI, ASSAM, PIN- 783330.



            VERSUS

            NOOR MAHAMMAD AND 2 ORS.
            S/O- ASKAR ALI, R/O- VILL. AND P.O. ALAMGANJ PT.-I, DIST.- DHUBRI,
            ASSAM, PIN- 783339.

            2:JAKIR HUSSAIN
             S/O- MD. ABDUL MANNAN
             R/O- VILL. AND P.O. BARAIBARI
             KANDAPARA
             DIST. DHUBRI
            ASSAM
             PIN- 783339

            3:UNIVERSAL SAMPO GENERAL INSURANCE CO. LTD.

             EXPRESS I.T. PARK
             PLOT NO. EL-94
             T.T.C.
             INDUSTRIAL AREA
             M.I.D.C.
             MAHAPE NAVI MUMBAI- 400710

Advocate for the Petitioner   : MR. M TALUKDAR

Advocate for the Respondent : MS F INTAZ (R-1,2)
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              Linked Case :

           RAMJAN ALI @ ROMJAN ALI



              VERSUS

           NOOR MAHAMMAD AND 2 ORS. F



           ------------
           Advocate for : MR. M TALUKDAR
           Advocate for : appearing for NOOR MAHAMMAD AND 2 ORS. F



                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                     ORDER

31.03.2023.

Heard Mr. M. Talukdar, the learned counsel for the applicant. Also heard Mr. R. Goswami, learned counsel for the respondent No. 3.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 304 days in preferring the connected appeal against the judgment and award dated 14.02.2019, passed by the learned Member, Motor Accidents Claims Tribunal, Dhubri, Assam, in MAC Case No. 300/2012. The cause of delay is explained at paragraphs- 4, 5 and 6 of the connected application.

Mr. R. Goswami, the learned counsel appearing for the respondent No. 3 submits that he will have no objection, if delay is condoned.

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Considering the submission of the learned counsel for the respondents as well as the pleadings made in the paragraphs 4, 5 and 6 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. R. Goswami, learned counsel as the counsel for the respondent No. 3 in the cause list.

JUDGE

Comparing Assistant