New India Assurance Company Ltd vs Himani Baishya And 2 Ors
2023 Latest Caselaw 3525 Gua

                                                                   Page No.# 1/3

GAHC010139402021




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

                               Case No. : I.A.(Civil)/1445/2021

            NEW INDIA ASSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G. ROAD,
            FORT, MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH
            FLOOR, LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD,
            GUWAHATI-781007.



            VERSUS

            HIMANI BAISHYA AND 2 ORS.
            W/O- LATE GUNAJIT BAISHYA, R/O- VILL.- AMAYAPUR, GEETANAGAR,
            P.S. NOONMATI, DIST.- KAMRUP(M), ASSAM, PIN- 781020.

            2:KANKAN BAISHYA
             S/O- LATE GUNAJIT BAISHYA
             R/O- VILL.- AMAYAPUR
             GEETANAGAR
             P.S. NOONMATI
             DIST.- KAMRUP(M)
            ASSAM
             PIN- 781020.

            3:BIMAL DEB NATH
             S/O- LATE LALIT DEB NATH
             R/O- VILL.- B.P. CHALIHA NAGAR
             H/NO. 360
            WARD NO. 49
             P.S. GEETANAGAR
             DIST.- KAMRUP(M)
            ASSAM
             PIN- 781021

Advocate for the Petitioner   : MR. R GOSWAMI
                                                                       Page No.# 2/3


Advocate for the Respondent : MRS. S ROY (R-1,2)




            Linked Case :

           NEW INDIA ASSURANCE COMPANY LTD.



            VERSUS

           HIMANI BAISHYA AND 2 ORS. A



           ------------
           Advocate for : MR. R GOSWAMI
           Advocate for : appearing for HIMANI BAISHYA AND 2 ORS. A



            Linked Case :

           NEW INDIA ASSURANCE COMPANY LTD.



            VERSUS

           HIMANI BAISHYA AND 2 ORS. A



           ------------
           Advocate for : MR. R GOSWAMI
           Advocate for : appearing for HIMANI BAISHYA AND 2 ORS. A
                                                                       Page No.# 3/3


                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 01.09. 2023 Heard Mr. R. Goswami, learned counsel for the applicant and Ms. S. Roy, learned counsel for respondent Nos. 1 and 2. None appears for the respondent No. 3/ claimant despite service of notice properly served upon him.

This is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 217 days in preferring the connected appeal against the judgment and award dated 21.05.2019, passed by the learned Member, MACT No. 3, Kamrup (Metro), Guwahati in MAC Case No. 3063/2016.

It is submitted by the learned counsel for the applicant that the judgment and award was passed on 21.05.2019 and a petition was filed for review of the judgment and award and the review order was passed on 11.01.2021 during the pendency of Covid 19 pandemic and during that period the court was not functioning properly, which caused the delay of 217 days.

The learned counsel for the respondent Nos. 1 and 2 has made no objection on the prayer for condoning the day.

In view of the above, the delay is condoned.

The Registry is directed to register the connected appeal and list it for admission.

The IA is disposed of.

JUDGE

Comparing Assistant