Rohini Sutradhar vs Anil Choudhury And 2 Ors
2023 Latest Caselaw 1811 Gua

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GAHC010118812022




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

                               Case No. : I.A.(Civil)/1814/2022

            ROHINI SUTRADHAR
            W/O- LATE NARAD SUTRADHAR, R/O- VILL. AND P.S. SALBARI, DIST.
            BAKSA, BTAD, ASSAM



            VERSUS

            ANIL CHOUDHURY AND 2 ORS.
            S/O- PRABIN CHOUDHURY, R/O- VILL.- KHATABARI, P.S. AND DIST.
            NALBARI, ASSAM, PIN- 781335.

            2:MD. SHAJAHAN ALI
             S/O- LATE PASAN ALI
             R/O- VILL.- SRIGRAM PART-VI
             P.S. CHAPAR
             DIST. DHUBRI
            ASSAM
             PIN- 783348.

            3:M/S. NEW INDIA ASSURANCE CO. LTD.

             HAVING ITS REGIONAL OFFICE AT G.S. ROAD
             ULUBARI
             GUWAHATI-781007

Advocate for the Petitioner   : MR D MONDAL

Advocate for the Respondent : MS M N KONYAK (r-3)
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              Linked Case :

          ROHINI SUTRADHAR



              VERSUS

          ANIL CHOUDHURY AND 2 ORS. E



          ------------
          Advocate for : MR D MONDAL
          Advocate for : appearing for ANIL CHOUDHURY AND 2 ORS. E



                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                     ORDER

08.05.2023.

Heard Mr. D. Mondal, learned counsel for the applicant.

This is application filed under Section 173(1) of the Motor Vehicle Act, 1988 read with Section 5 of the Limitation Act, 1963 for condonation of delay of 152 days in preferring the connected MAC Appeal against the Judgment and Award dated 04.09.2019 passed by the learned Member, MACT No. 3, Kamrup (M) at Guwahati in MAC Case No. 463/2016. The cause of delay is explained at paragraphs 2 and 3 of this application.

The learned counsel for the respondents submits that she will have no objection, if delay is condoned.

Considering the submissions of the learned counsel for the respondents as well as the pleadings made in the paragraphs 2 and 3 of this application, this Page No.# 3/3

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 MAC Appeal, if same is not defecting and list for Admission.

JUDGE

Comparing Assistant