United India Insurance Co. Ltd vs Md. Nurul Islam Mazumder And 2 Ors
2023 Latest Caselaw 1359 Gua

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GAHC010139552017




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

                                Case No. : I.A.(Civil)/2954/2017

            UNITED INDIA INSURANCE CO. LTD.
            A PUBLIC SECTOR UNDERTAKING CO. REGISTERED AND INCORPORATED
            UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 24
            WHITES ROADS, CHENNAI 600014 WITH ONE OF ITS REGIONAL OFFICE AT
            CHIBBER HOUSE, 2ND FLOOR, G.S. ROAD, GUWAHATI-5, REPRESENTED
            BY ITS REGIONAL MANAGER, GUWAHATI, ASSAM.



            VERSUS

            MD. NURUL ISLAM MAZUMDER and 2 ORS,
            S/O LATE HAZI ATAR ALI BARBHUYAN, R/O VILL. NIZ LAVERPUTA, PART-
            II, P.O. SADIRKHAL, P.S. KATIGORAH, DIST. CACHAR, ASSAM.

            2:KRISHNADHAN PAUL
             S/O LATE HARI BUSHAN PAUL
             R/O VILL. PANIBORA
             O.P. and P.S. DHOLAI
             DIST. CACHAR
            ASSAM.

            3:KRISHNA MOHAN SINGH

             S/O LATE KALA SINGH
             R/O VILL. BORKHOLA
             P.O. and P.S. BORKHOLA
             DIST. CACHAR
             ASSAM

Advocate for the Petitioner   : MR.R C PAUL

Advocate for the Respondent : MR. S D PURKAYASTHA
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              Linked Case :

          UNITED INDIA INSURANCE COMPANY LIMITED



              VERSUS

          MD MURUL ISLAM MAZUMDER and 2 ORS


          2:THE ADDIDITIONAL DIRECTOR GENERAL OF POLICE

          BORDER
          KHANAPARA
          GUWAHATI-781022
          3:THE INSPECTOR GENERAL OF POLICE

          BORDER
          HQ B ASSAM
          KHANAPARA
          GUWAHATI.
          4:THE SUPERINTENDENT OF POLICE

          B ASSAM
          GUWAHATI.
          5:THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM

          HOME DEPTT.
          DISPUR
          GUWAHATI-6.
          ------------
          Advocate for : MR. S BASUMATARY
          Advocate for : appearing for MD MURUL ISLAM MAZUMDER and 2 ORS



                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                    ORDER

31.03.2023.

Page No.# 3/3

Heard the learned counsel for the applicant. Also heard Mr. S. D. Purkayastha, learned counsel for the respondent No. 2.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 16 days in preferring the connected appeal against the judgment and award dated 27.03.2017, passed by the learned Member, Motor Accidents Claims Tribunal, Cachar, Silcahr, in MAC Case No. 267/2009. The cause of delay is explained at paragraphs- 4 and 5 of the connected application.

Mr. S. D. Purkayastha, 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 4 and 5 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. S. D. Purkayastha, learned counsel as the counsel for the respondent No. 2 in the cause list.

JUDGE

Comparing Assistant