Oriental Insurance Co. Ltd vs Smti Sumitra Kurmi And 2 Ors
2023 Latest Caselaw 924 Gua

                                                                  Page No.# 1/3

GAHC010111882016




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

                          Case No. : I.A.(Civil)/115/2016

         ORIENTAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A 25/27 ASAF ALI
         ROAD, NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7,
         REPRESENTED BY THE REGIONAL MANAGER


         VERSUS

         SMTI SUMITRA KURMI and 2 ORS,
         W/O SRI TULSI KURMI, D/O LATE AGHNU KURMI, R/O METHANCHOWA
         BORHOLA, P.O. BIHUBOR TINI ALI, P.S. GALEKY, DIST. SIVASAGAR,
         ASSAM, PIN 785687

         2:DHARAM CHANDRA JAIN SINCE DECEASED
          S/O LATE TARA CHANDRA JAIN
          R/O RED CROSS ROAD
          SIVASAGAR TOWN
          P.S. SIVASAGAR
          DIST. SIVASAGAR
         ASSAM
          PIN 785640

         3:FIUZ CHANDRA JAIN

          S/O LT. DHARAM CHANDRA JAIN
          R/O RED CROSS ROAD
          SIVASAGAR TOWN
          P.S. SIVASAGAR
          DIST. SIVASAGAR
          ASSAM
          PIN 78560

         4:SATYA GOGOI
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             S/O LATE ROMA KANTA GOGOI
             R/O CHEREKAPARA KHELUA GAON
             P.S. SIVASAGAR
             DIST. SIVASAGAR
             ASSAM
             PIN 78570

Advocate for the Petitioner   : MR.SIDHANT DUTTA

Advocate for the Respondent :




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

Date : 10.03.2023 Heard Ms. M. Choudhury, learned counsel for the Insurance Company.

The Insurance Company has preferred the statutory appeal against the Judgment and order dated 31.08.2015 passed by the MACT, Sivasagar, Assam in MAC Case No. 48/2009. In preferring statutory appeal, there was a delay of 63 days that had occurred and this interlocutory application has been filed praying for condonation of the delay that had occurred. Although, steps were taken on the respondents but service on the respondents were not completed. Accordingly, leave was granted to the petitioner to take steps through paper publication. In pursuance to the leave granted paper publication was made in

the 7th December, 2022 edition of "Dainik Janmabhumi" and the "Assam Tribune". An affidavit to that effect has already been filed and the same is available on record.

Although, steps have already been taken by registered post with A/D as well as by paper publication and the steps on respondents are considered to be complete. However, none appears for the respondents as on date.

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The learned counsel for the petitioner has been heard. Pleadings on record have been perused. The learned counsel for the petitioner submits that the delay had occurred in the process of obtaining legal sanction from the regional office in respect of the filing of the appeal. It is seen that the grounds urged in support of the prayer for condonation sufficiently explained the delay that had occurred.

Having perused the grounds urged as well as upon hearing the learned counsel for the applicant, this Court is of the view that the delay has been sufficiently explained, no malice can be attributed to the petitioner for the delay caused.

Accordingly, the prayer made in I.A. is allowed condoning the delay of 63 days.

Registry is directed to register the connected appeal and list it before the Court on a date to be fixed by the Registry.

I.A. is accordingly disposed of in terms of the above.

JUDGE

Comparing Assistant