National Insurance Co Ltd vs Rani Swargiary And 5 Ors
2023 Latest Caselaw 1879 Gua

                                                                Page No.# 1/4

GAHC010283112018




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

                        Case No. : I.A.(Civil)/4325/2018

         NATIONAL INSURANCE CO LTD
         HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATTA,
         AND ONE OF THE REGIONAL OFFICE KNOWN AS GUWAHATI REGIONAL
         OFFICE, GS ROAD, BHANGAGARH, AND ONE OF ITS DIVISIONAL OFFICE
         AT MALIGAON, AND A BRANCH OFFICE AT MANGALDOI



         VERSUS

         RANI SWARGIARY AND 5 ORS
         W/O LATE SAILEN SWARGIARY
         RESIDENT OF VILLAGE NO 2, JHARGAON, PO AND PS ROWTA, DIST
         UDALGURI, BTAD, ASSAM ,784509

         2:BHUBANESWARI SWARGIARY
          MOTHER OF LATE SAILEN SWARGIARY
         RESIDENT OF VILLAGE NO 2
          JHARGAON
          PO AND PS ROWTA
          DIST UDALGURI
          BTAD
         ASSAM
         784509

         3:CHANDAN SWARGIARY
          S/O LATE SAILEN SWARGIARY
         RESIDENT OF VILLAGE NO 2
          JHARGAON
          PO AND PS ROWTA
          DIST UDALGURI
          BTAD
         ASSAM
         784509
                                                             Page No.# 2/4


            4:DADINI SWARGIARY
             D/O LATE SAILEN SWARGIARY
            RESIDENT OF VILLAGE NO 2
             JHARGAON
             PO AND PS ROWTA
             DIST UDALGURI
             BTAD
            ASSAM
            784509

            5:RABESWARI SWARGIARY
             S/O LATE SAILEN SWARGIARY
            RESIDENT OF VILLAGE NO 2
             JHARGAON
             PO AND PS ROWTA
             DIST UDALGURI
             BTAD
            ASSAM
            784509

            6:KHUKAN DEBNATH
             S/O LATE MANMOHAN DEBNATH
            VILLAGE WARD NO 7
             PS KHARUPETIA
             DIST DARRANG
            ASSAM 784115
             OWNER OF VEHICLE NO AS-13 A 6181(MOTOR CYCLE

Advocate for the Petitioner   : MR. K K BHATRA

Advocate for the Respondent : MR. M ALI (r-3,4)




             Linked Case :

            NATIONAL INSURANCE CO LTD



             VERSUS

            RANI SWARGIARY AND 5 ORS
                                                                       Page No.# 3/4



          ------------
          Advocate for :
          Advocate for : appearing for RANI SWARGIARY AND 5 ORS



                                BEFORE
               HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                     ORDER

10.05.2023.

Heard Ms. P. Huzuri, learned counsel for the applicant. Also heard Mr. R. Islam learned counsel for the respondent Nos. 3 and 4. Though Notice has duly been served upon the respondent Nos. 1, 2 and 5, however, none appears for them.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 33 days in preferring the connected appeal against the Judgment and Award dated 07.05.2018 passed by the learned Member, MACT, Mangaldai in MAC Case No. (D) 15/2016. The cause of delay is explained at paragraphs- 5, 6, 7 and 8 of this application.

Mr. R. Islam, Learned counsel appearing for the respondent Nos. 3 and 4 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, 5, 6, 7 and 8 of this 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.

Page No.# 4/4

IA stands disposed of.

Registry to register the connected appeal, if same is not defective and list for Admission showing the name of Mr. R. Islam, learned counsel for the respondent Nos. 3 and 4 in the cause list. In the meantime, a copy of the appeal memo be served to Mr. Islam, learned counsel.

JUDGE

Comparing Assistant