Gauhati High Court
National Insurance Company ... vs Prantik Gautam And 3 Ors on 19 May, 2023
Page No.# 1/4
GAHC010077672018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1307/2018
NATIONAL INSURANCE COMPANY LIMITED
HAVING ITS REGD OFFICE AT KOLKATA AND ONE OF ITS REGIONAL
OFFICE AT G S ROAD, GUWAHATI
VERSUS
PRANTIK GAUTAM AND 3 ORS
S/O- LATE ANIL SARMAH, R/O- GYANPEETH, CHOLADHARA, P.O AND P.S-
JORHAT, DIST- JORHAT, ASSSAM, PIN- 785001
2:HEMENDRA BARUAH
S/O- SRI BHOGESWAR BARUAH
R/O- SUTARGAON
P.S- PULIBAR
DIST- JORHAT
ASSAM
PIN- 785006
3:BUDHIN BORA
S/O- SRI DEW BORA
R/O- ELANGMORA @ ALENGMORA
P.S- PULIBAR
DIST- JORHAT
ASSAM
PIN- 785006
4:PARIJAT DEVI
W/O- SRI ANUP JYOTI BORA
C/O- RAMANI BORA
BOHOTIA GAON
P.S AND DIST- JORHAT
ASSAM
Page No.# 2/4
PIN- 78511
Advocate for the Petitioner : MR. S S SARMA
Advocate for the Respondent : MR. A THAKUR (R4)
Linked Case : MACApp./282/2018
NATIONAL INSURANCE COMPANY LIMITED
HAVING ITS REGD OFFICE AT KOLKATA AND ONE OF ITS REGIONAL
OFFICE AT G S ROAD
GUWAHATI
VERSUS
PRANTIK GAUTAM AND 3 ORS
S/O- LATE ANIL SARMAH
R/O- GYANPEETH
CHOLADHARA
P.O AND P.S- JORHAT
DIST- JORHAT
ASSSAM
PIN- 785001
2:HEMENDRA BARUAH
S/O- SRI BHOGESWAR BARUAH
R/O- SUTARGAON
P.S- PULIBAR
DIST- JORHAT
ASSAM
PIN- 785006
3:BUDHIN BORA
S/O- SRI DEW BORA
R/O- ELANGMORA @ ALENGMORA
P.S- PULIBAR
DIST- JORHAT
ASSAM
PIN- 785006
4:PARIJAT DEVI
W/O- SRI ANUP JYOTI BORA
C/O- RAMANI BORA
BOHOTIA GAON
Page No.# 3/4
P.S AND DIST- JORHAT
ASSAM
PIN- 785112
------------
Advocate for : MR. S S SARMA
Advocate for : MR. A THAKUR (R4) appearing for PRANTIK GAUTAM AND 3
ORS
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
19.05.2023.
Heard Ms. L. Sharma, learned counsel for the applicant and Mr. H. Medhi,
learned counsel for the opposite party No. 4.
Though notice is duly served upon the respondent Nos. 2 and 3, none
appears for them.
Though the respondent No. 1 is represent by the learned counsel, none
appears for him.
This is an application under Section 5 of the Limitation Act, 1963 for
condonation of delay of 54 days in preferring the connected MAC Appeal against
the Judgment and Award dated 14.09.2017 passed in MAC Case No. 29/2012 by
the learned Member, MACT, Jorhat. The cause of delay is explained at
paragraphs- 4 and 5 of the connected application.
Mr. Medhi, learned counsel appearing for the respondents submits that he
will have no objection, if delay is condoned.
Considering the submission of the learned counsel for the respondent as
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well as the pleadings made in the paragraphs 4 and 5 of the connected
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.
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. H. Medhi, learned counsel for the
respondent No. 4 in the cause list.
JUDGE
Comparing Assistant
