New India Assurance Company Ltd vs Aparajita Kalita And 5 Ors
2024 Latest Caselaw 5559 Gua

Gauhati High Court

New India Assurance Company Ltd vs Aparajita Kalita And 5 Ors on 5 August, 2024

                                                                   Page No.# 1/4

GAHC010016612024




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

                         Case No. : I.A.(Civil)/262/2024

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



         VERSUS

         APARAJITA KALITA AND 5 ORS.
         W/O LATE UTPAL KALITA,
         VILL.- CHARAIMARI, P.S.- MUSHALPUR, DIST.- BAKSA, ASSAM, PIN-
         781372.

         2:MAKANI KALITA
          M/O LATE UTPAL KALITA

         VILL.- CHARAIMARI
         P.S.- MUSHALPUR
         DIST.- BAKSA
         ASSAM
         PIN- 781372.

         3:HIMASHRI KALITA
          SISTER OF LATE UTPAL KALITA

         VILL.- CHARAIMARI
         P.S.- MUSHALPUR
         DIST.- BAKSA
         ASSAM
         PIN- 781372.

         4:GUNGUN KALITA
                                                                                 Page No.# 2/4

             D/O LATE UTPAL KALITA

            VILL.- CHARAIMARI
            P.S.- MUSHALPUR
            DIST.- BAKSA
            ASSAM
            PIN- 781372.

            5:KAMESWAR BORO
             S/O SRI MANIK BORO

            VILL.- DALIBARI
            BANGALIPARA
            P.S.- BARAMA
            DIST.- BAKSA
            ASSAM
            PIN- 781346.

            6:JWNGBLAW BASUMATARY
             S/O LATE LAKHI BASUMATARY

            VILL.- PACHIM BANGNABARI
            P.S.- MUSHALPUR
            DIST.- BAKSA
            ASSAM
            PIN- 781372

Advocate for the Petitioner   : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR

Advocate for the Respondent : MR. S BORUAH (r-1 to 3), MR. K SARMA (r-1 to 3)




             Linked Case :

            NEW INDIA ASSURANCE COMPANY LTD



             VERSUS

            APARAJITA KALITA AND 5 ORS. B
                                                                        Page No.# 3/4

          ------------
          Advocate for : MR. R GOSWAMI
          Advocate for : appearing for APARAJITA KALITA AND 5 ORS. B



           Linked Case :

          NEW INDIA ASSURANCE COMPANY LTD



           VERSUS

          APARAJITA KALITA AND 5 ORS. B



          ------------
          Advocate for : MR. R GOSWAMI
          Advocate for : appearing for APARAJITA KALITA AND 5 ORS. B



                                 BEFORE
                     HONOURABLE MR. JUSTICE BUDI HABUNG

                                      ORDER

Date : 05-08-2024

Heard Ms. P. Borthakur, learned counsel for the applicant/ insurance company. Also heard Mr. K. Sarma, learned counsel appearing on behalf of respondent nos. 1 to 4.

The applicant has taken steps upon the respondent nos. 5 and 6 through dasti service and filed affidavit to that effect and I have perused the same and notice is treated to have been served.

However, no one appears on behalf of respondent nos. 5 and 6.

This is an application under section 5 of the Limitation Act, 1963 read with Page No.# 4/4

proviso to section 173 of MV Act, 1988 praying for condonation of delay of 7 days in filing the connected appeal against the judgment and award dated 28.07.2023 passed by the learned MACT, Bajali in MAC case no. 55/2021.

The reason for not filing the connected appeal within the stipulated time has been explained in para 2 and 3 of the application.

The respondent has no objection if the delay of 7 days in filing the connected appeal is condoned.

In view of the above, the delay of 7 days in filing the connected appeal is hereby condoned.

With the above, this IA stands disposed of.

The Office shall register the connected appeal and list it on a date to be fixed by the Registry.

JUDGE

Comparing Assistant