Oriental Insurance Company Ltd vs Nekibuddin Ahmed And Anr
2023 Latest Caselaw 1864 Gua

                                                                    Page No.# 1/2

GAHC010003862019




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

                                Case No. : I.A.(Civil)/80/2019

            ORIENTAL INSURANCE COMPANY LTD
            HAVING ITS GAUHATI REGIONAL OFFICE AT GUWAHATI ULUBARI,
            KAMRUP M REPRESENTED BY THE ASSISTANT MANAGER, GAUHATI
            REGIONAL OFFICE, ULUBARI, GUWAHATI 781007,KAMRUP ASSAM



            VERSUS

            NEKIBUDDIN AHMED AND ANR
            S/O NURUL ISLAM, R/O PO CHALCHALI,
            PS SADAR, DIST NAGAON, ASSAM, 782141

            2:MD. MUHIBUL ISLAM KHAN
             S/O ABDUL HAMID KHAN
            VILLAGE MADHYAM SAMARALI, PO CHOUDHURY BAZAAR
             PS MURAJHAR, DIST NAGAON, ASSAM 78243

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent :

             Linked Case :

            ORIENTAL INSURANCE COMPANY LTD


             VERSUS

            NEKIBUDDIN AHMED AND ANR

            ------------
            Advocate for :
            Advocate for : appearing for NEKIBUDDIN AHMED AND ANR
                                                                                     Page No.# 2/2




                                    BEFORE
                   HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

Date : 10-05-2023

Learned counsel for the applicant submits that pursuant to order dated 22.2.2023 passed by this Court, substituted service have been effected through paper publication in the "Assam Tribune" and "Niyomiya Barta" and affidavit has also been filed in proof of such publication alongwith the original copies of the news papers.

Perused the affidavit and the copy of paper publication. Service upon the respondent Nos.1 and 2 is accepted and is treated to be complete. However, none appears for the respondents.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 19 days in preferring the connected MAC appeal against the judgment and award dated 21.8.2018 in MAC Case No.427/2016 passed by learned Member, Motor Accident Claims Tribunal Nagaon.

The cause of delay is explained at para 3 and 9 of the present application.

Considering the submission of the learned counsel for the applicant as well as the pleadings made in the paragraphs 3 and 9 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 delay is condoned.

Registry to register the connected appeal, if same is not defective and list for Admission .

IA stands disposed of.

JUDGE

Comparing Assistant