National Insurance Company Limited vs Dinesh Ch. Ray And 3 Ors
2024 Latest Caselaw 5563 Gua

Gauhati High Court

National Insurance Company Limited vs Dinesh Ch. Ray And 3 Ors on 5 August, 2024

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GAHC010248882023




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

                          Case No. : I.A.(Civil)/3290/2023

         NATIONAL INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
         STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S.
         ROAD, GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL
         MANAGER, GUWAHATI REGIONAL OFFICE.



         VERSUS

         DINESH CH. RAY AND 3 ORS.
         S/O LATE BARADA KT. RAY,
         VILL.- BALADMARI BIHU FIELD, GOLAPARA TOWN, P.O.- BALADMARI,
         P.S.- GOALPARA, DIST.- GOALPARA, ASSAM, PIN- 783121.

         2:PRABHATI RAY
         W/O DINESH CH. RAY

         VILL.- BALADMARI BIHU FIELD
         GOLAPARA TOWN
         P.O.- BALADMARI
         P.S.- GOALPARA
         DIST.- GOALPARA
         ASSAM
         PIN- 783121.

         3:ARINDAM SARKAR
          S/O LATE AMAR KR. SARKAR

         R/O WARD NO. 4
         GOURIPUR
         P.O.- GOURIPUR
         P.S.- GOURIPUR
         DIST.- DHUBRI
                                                                               Page No.# 2/3

             ASSAM
             PIN- 783331

            4:ASHRAFUL HOQUE
             S/O MIAZUDDIN

            VILL.- GERAMARI PT- 1
            P.O.- GOURIPUR
            P.S.- GOURIPUR
            DIST.- DHUBRI
            ASSAM
            PIN- 783331

Advocate for the Petitioner   : MR T KALITA, MR. A KAKATI

Advocate for the Respondent : MR. P HAZARIKA (R-1,2), MR. H S BORAH (R-1,2)




             Linked Case :

            NATIONAL INSURANCE COMPANY LTD.



             VERSUS

            DINESH CH RAY AND 3 ORS E



            ------------
            Advocate for : MR T KALITA
            Advocate for : appearing for DINESH CH RAY AND 3 ORS E



                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                         ORDER

Date : 05-08-2024

Heard Mr. J. Kotoki, learned counsel for the applicant. I have also heard Page No.# 3/3

Mr. P. Hazarika, learned counsel for the respondent nos. 1 and 2.

This is an application under section 5 of the Limitation Act, 1963 read with section 173 of the MV Act praying for condonation of delay of 68 days in filing the connected appeal against the judgment and order dated 25.05.2023 passed by the learned MACT, Goalpara in MAC case no. 444/2019.

The ground for not filing the connected appeal within the stipulated time has been explained in para 3 and 4 of the application.

Upon consideration, I am satisfied that the applicant has shown sufficient cause for not filing the connected appeal within the stipulated time. Moreover, the learned counsel for the respondent has no objection if the delay of 68 days is condoned.

In view of the above, the delay of 68 days in filing the connected appeal is hereby condoned.

With the above, this I.A stands disposed of.

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

JUDGE

Comparing Assistant