Page No.# 1/3 vs Md. Makram Ali And 2 Ors
2023 Latest Caselaw 1971 Gua

                                                                       Page No.# 1/3

GAHC010138332019




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

                          Case No. : I.A.(Civil)/3509/2019

         AYESHA BEGUM AND 4 ORS
         W/O LT. MATLAB UDDIN, R/O VILL. TEZPUR, P.O. KOTAMONI, P.S.
         BAZARICHERRA, DIST. KARIMGANJ, ASSAM,

         2: MAHMADUL HASAN
          S/O LT. MATLAB UDDIN
          R/O VILL. TEZPUR
          P.O. KOTAMONI
          P.S. BAZARICHERRA
          DIST. KARIMGANJ
         ASSAM


         3: SHAHANAWAJ BEGUM
          D/O LT. MATLAB UDDIN
          R/O VILL. TEZPUR
          P.O. KOTAMONI
          P.S. BAZARICHERRA
          DIST. KARIMGANJ
         ASSAM


         4: SARFUL NESSA
         W/O HAJI ANJIR ALI
          R/O VILL. TEZPUR
          P.O. KOTAMONI
          P.S. BAZARICHERRA
          DIST. KARIMGANJ
         ASSAM


         5: HAJI ANJIR ALI
          S/O LT. NASIR ALI
          R/O VILL. TEZPUR
                                                                       Page No.# 2/3

            P.O. KOTAMONI
            P.S. BAZARICHERRA
            DIST. KARIMGANJ
            ASSAM
            (APPELANT NOS 2 AND 3 BEING MINORS ARE REP. BY THEIR MOTHER
            APPELLANT NO. 1

            VERSUS

            MD. MAKRAM ALI AND 2 ORS
            S/O MASSADAR ALI, R/O VILL. NOTRH FULBARI, P.O. PREMTOLA, DIST.
            NORTH TRIPURA, TRIPURA

            2:ORIENTAL INSURANCE CO. LTD.
             REP. BY ITS REGIONAL MANAGER
             GUWAHATI REGIONAL OFFICE ULUBARI
             GUWAHATI-

Advocate for the Petitioner   : MR. M TALUKDAR

Advocate for the Respondent : MR. S DUTTA (R-2)


             Linked Case :

            AYESHA BEGUM AND 4 ORS

             VERSUS

            MD. MAKRAM ALI AND 2 ORS

            ------------
            Advocate for :
            Advocate for : appearing for MD. MAKRAM ALI AND 2 ORS



                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                        ORDER

Date : 15-05-2023

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

This is an application under Section 5 of the Limitation Act, 1963 for Page No.# 3/3

condonation of delay of 35 days in preferring the connected appeal against the judgment and order dated 6.7.2018, passed by the learned District Judge cum Member, Motor Accidents Claims Tribunal, Karimganj, Assam in MAC Case No. 22/2015.

The cause of delay is explained at paragraphs- 3 and 4 of the connected application.

Mr.Dutta, 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 respondent No.2 as well as the pleadings made in the paragraphs 3,4 and 5 of the application, this Court is of the opinion that the present applicants were 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.Dutta, as the counsel for the respondent No. 2 in the cause list. Copy of appeal memo be served Mr. Dutta, learned counsel.

JUDGE

Comparing Assistant