Gauhati High Court
Shriram General Insurance Co. Ltd vs Sodar Bhan Bibi And 3 Ors on 11 October, 2023
Page No.# 1/4
GAHC010086572023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1088/2023
SHRIRAM GENERAL INSURANCE CO. LTD.
1000-E/8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-
302022 AND HAVING A BRANCH OFFICE AT B.R ARCADE, 3RD FLOOR, 21
JANAPATH, ULUBARI, GUWAHATI- 781007.
VERSUS
SODAR BHAN BIBI AND 3 ORS.
W/O ABDUL SHEIKH,
VILL.- BANGALDOBA,
P.O. AND P.S.- CHAPAR,
DIST.- DHUBRI(ASSAM), PIN- 783371.
2:ABDUL SHEIKH
S/O LATE ROHI SHEIKH
VILL.- BANGALDOBA
P.O. AND P.S.- CHAPAR
DIST.- DHUBRI(ASSAM)
PIN- 783371.
3:ICHAF ALI @ ESUF ALI
S/O SORBESH ALI
VILL.- FALIMARI PT-1
P.O. AND P.S.- CHAPAR
Page No.# 2/4
DIST.- DHUBRI
ASSAM
PIN- 783325.
4:MONOWAR HUSSAIN
S/O BAHEJ ALI
VILL.- AIRIMARI
P.O.- BAHALPUR
P.S.- CHAPAR
DIST.- DHUBRI
ASSAM
PIN- 783348
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : MR. M KHAN (r-2)
Linked Case :
SHRIRAM GENERAL INSURANCE CO. LTD.
VERSUS
SODAR BHAN BIBI AND 3 ORS. B
------------
Advocate for : MR. R GOSWAMI
Advocate for : appearing for SODAR BHAN BIBI AND 3 ORS. B
Linked Case :
SHRIRAM GENERAL INSURANCE CO. LTD.
VERSUS
SODAR BHAN BIBI AND 3 ORS. B
------------
Advocate for : MR. R GOSWAMI
Advocate for : appearing for SODAR BHAN BIBI AND 3 ORS. B
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BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 11.10.2023
Heard Ms. M. Saikia, learned counsel for the applicant/ Insurance Company. Also heard
Mr. M. Khan, learned counsel appearing on behalf of Opposite Parties No. 1 & 2.
None appears on behalf of Opposite Parties No. 3 & 4 despite the names of the learned
counsels appearing on behalf of Opposite Parties No. 3 & 4 having been shown in the Cause
List.
This is an application preferred by the applicant/Insurance Company under Section 5 of
the Limitation Act, 1963, read with proviso to Section 173 of M.V. Act, 1988, praying for
condonation of delay of 145 days in preferring the connected appeal which appeal is directed
against the judgment & award, dated 05.08.2022, passed by the learned Member, MACT,
Bongaigaon, in MAC Case No. 151/2019.
On consideration of the explanation provided in paragraph No. 2 of the accompanying
application contending that the delay of 145 days in preferring the connected appeal have
occurred because of the official procedure that was required to be followed by the
applicant/Insurance Company and also the legal opinion that was required to be sought from
the Advocate and also having regard to the submission of Mr. Khan, learned counsel for
Opposite Parties No. 1 & 2 that he has no objection if the delay of 145 days in preferring the
connected appeal is condoned; the instant interlocutory application seeking condonation of
delay of 145 days in preferring the connected appeal, is hereby allowed.
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Accordingly, the delay of 145 days in preferring the connected appeal is hereby
condoned in the interest of justice.
The interlocutory application stands allowed and accordingly stands disposed of.
Registry shall register the connected appeal and list it for admission hearing in due
course by showing the name of Mr. M. Khan, learned counsel appearing on behalf of Opposite
Parties No. 1 & 2 in the Cause List.
JUDGE
Comparing Assistant
