The Oriental Insurance Co. Ltd vs Rohi Pegu @ Dao And 7 Ors
2023 Latest Caselaw 3529 Gua

                                                              Page No.# 1/5

GAHC010005692023




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

                        Case No. : I.A.(Civil)/662/2023

         THE ORIENTAL INSURANCE CO. LTD.
         A COMPANY REGISTERED UNDER THE COMPANIES ACT, REPRESENTED
         BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI 7, KAMRUP M
         ASSAM



         VERSUS

         ROHI PEGU @ DAO AND 7 ORS.
         S/O LATE THANESWAR PEGU RESIDENT OF VILLAGE SILAPATHAR
         MISING GAON, PS SILAPATHAR, DIST DHEMAJI, ASSAM

         2:SAGARIKA PEGU
          D/O LATE THANESWAR PEGU
         RESIDENT OF VILLAGE SILAPATHAR MISING GAON
          PS SILAPATHAR
          DIST DHEMAJI
         ASSAM

         3:SRI KULDEP PEGU
          S/O LATE THANESWAR PEGU
         RESIDENT OF VILLAGE SILAPATHAR MISING GAON
          PS SILAPATHAR
          DIST DHEMAJI
         ASSAM

         4:SRI NIHARIKA PEGU
          D/O LATE THANESWAR PEGU
         RESIDENT OF VILLAGE SILAPATHAR MISING GAON
          PS SILAPATHAR
          DIST DHEMAJI
         ASSAM
                                                             Page No.# 2/5

            5:PRAVAWOTI PEGU
             M/O LATE THANESWAR PEGU
            RESIDENT OF VILLAGE SILAPATHAR MISING GAON
             PS SILAPATHAR
             DIST DHEMAJI
            ASSAM

            6:MD. RAFUKUL AHMED
             S/O AKBAR ALI

            RESIDENT OF BARPAYAK

            PS JAGIROAD
            DIST MORIGAON
            ASSAM

            7:SRI DIPEN GOGOI
             S/O LATE PHANIDHAR GOGOI
            RESIDENT OF DHAPOLIAL GAON
             PS GHILAMARA
            DIST LAKHIMPUR
            ASSAM

            8:RELIANCE GENERAL INSURANCE COMPANY LIMITED.
             REPRESENTED BY ITS GENERAL MANAGER
            ANIL PLAZA
             GS ROAD
             BHANGAGARH
             GUWAHAT

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent :




             Linked Case :

            THE ORIENTAL INSURANCE CO. LTD.
            A COMPANY REGISTERED UNDER THE COMPANIES ACT
            REPRESENTED BY ITS REGIONAL MANAGER
            ULUBARI
            GUWAHATI 7
            KAMRUP M ASSAM
                                              Page No.# 3/5


VERSUS

ROHI PEGU @ DAO AND 7 ORS.
S/O LATE THANESWAR PEGU
RESIDENT OF VILLAGE SILAPATHAR MISING GAON
PS SILAPATHAR
DIST DHEMAJI
ASSAM

2:SAGARIKA PEGU
D/O LATE THANESWAR PEGU
RESIDENT OF VILLAGE SILAPATHAR MISING GAON
 PS SILAPATHAR
 DIST DHEMAJI
ASSAM
 3:SRI KULDEP PEGU
S/O LATE THANESWAR PEGU
RESIDENT OF VILLAGE SILAPATHAR MISING GAON
 PS SILAPATHAR
 DIST DHEMAJI
ASSAM
 4:SRI NIHARIKA PEGU
D/O LATE THANESWAR PEGU
RESIDENT OF VILLAGE SILAPATHAR MISING GAON
 PS SILAPATHAR
 DIST DHEMAJI
ASSAM
 5:PRAVAWOTI PEGU
M/O LATE THANESWAR PEGU
RESIDENT OF VILLAGE SILAPATHAR MISING GAON
 PS SILAPATHAR
 DIST DHEMAJI
ASSAM
 6:MD. RAFUKUL AHMED
S/O AKBAR ALI

RESIDENT OF BARPAYAK

PS JAGIROAD
DIST MORIGAON
ASSAM
7:SRI DIPEN GOGOI
S/O LATE PHANIDHAR GOGOI
RESIDENT OF DHAPOLIAL GAON
PS GHILAMARA
DIST LAKHIMPUR
ASSAM
                                                                     Page No.# 4/5

          8:RELIANCE GENERAL INSURANCE COMPANY LIMITED.
          REPRESENTED BY ITS GENERAL MANAGER
          ANIL PLAZA
          GS ROAD
          BHANGAGARH
          GUWAHATI
          ------------
          Advocate for : MR. S K GOSWAMI
          Advocate for : appearing for ROHI PEGU @ DAO AND 7 ORS.



                               BEFORE
                  HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 01.09.2023 Heard Mr. S.K. Goswami, learned counsel for the applicant. None appears on call for the respondents.

The present application has been filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 12 days in preferring the connected MAC Appeal against the judgment and award dated 26.09.2022, passed by the learned Member, MACT No.2, Kamrup (Metropolitan), Guwahati in MAC Case no. 2314/2019.

As per office note dated 17.06.2023, notice has been served on the respondent nos.1, 2, 3, 4, 5 and 8. Un-served notice in respect of respondent no.6 has been received.

It has been submitted that no relief is claimed from the respondent no.6. Considering the submission made by the learned counsel for the applicant and also considering that the delay is of only 12 days, the delay is condoned accordingly.

The Registry shall register the connected MAC Appeal and list the same in admission column.

Page No.# 5/5

This interlocutory application stands disposed of.

JUDGE

Comparing Assistant