Page No.# 1/4 vs Cholamandalam Ms Gen Ins Company Ltd And ...
2024 Latest Caselaw 5722 Gua

Gauhati High Court

Page No.# 1/4 vs Cholamandalam Ms Gen Ins Company Ltd And ... on 9 August, 2024

                                                                Page No.# 1/4

GAHC010035322024




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

                        Case No. : I.A.(Civil)/881/2024

         JUJU KULI PAMEY @ JUJU PAME AND 3 ORS
         W/O LATE BIKASH PAMEY @ PAME
         RESIDENT OF VILLAGE RAKUT KOKE, PS JONAI, DIST DHEMAJI, ASSAM
         787060

         2: ASIN PAME
          S/O LATE BIKASH PAMEY @ PAME
         RESIDENT OF VILLAGE RAKUT KOKE
          PS JONAI
          DIST DHEMAJI
         ASSAM 787060
         TO BE REP. BY PET. NO. 1

         3: KUNJALATA PAME
         W/O BIMALA PAME
         RESIDENT OF VILLAGE RAKUT KOKE
          PS JONAI
          DIST DHEMAJI
         ASSAM 787060

         4: BIMALA PAMEY @ PAME
          S/O LATE UKEL PAME

         RESIDENT OF VILLAGE RAKUT KOKE
         PS JONAI
         DIST DHEMAJI
         ASSAM 78706

         VERSUS

         CHOLAMANDALAM MS GEN INS COMPANY LTD AND 2 ORS
         AASTHA PLAZA, GS ROAD, BORA SERVICEL OPP. SB DEORAH
         COLLEGE,PO GUWAHATI 07, DIST KAMRUP M ASSAM
                                                                        Page No.# 2/4

            2:ABI TAGA
             S/O TANIYOK TAGA
            RESIDENT OF VILLAGE AND PO MIRBUK
             791102
            PS PASIGHAT
             DIST EAST SIYANG
            ARUNACHAL PRADESH

            3:KABIT TAGA
             S/O TAPANG TAGA
            VILLAGE JOMO PO RUMGONG
             791001
             DIST WEST SIYANG
            ARUNACHAL PRADES

Advocate for the Petitioner   : MR. A R AGARWALA, MR ADITYA AGARWALA,MS. R
LAILA,MD. K ALI

Advocate for the Respondent : MR. A BHATTACHARYYA (r-1), MR A CHANDRAN(R-2,3)




             Linked Case :

            JUJU KULI PAMEY @ JUJU PAME AND 3 ORS



             VERSUS

            CHOLAMANDALAM MS GEN INS COMPANY LTD AND 2 ORS (F)



            ------------
            Advocate for : MR. A R AGARWALA
            Advocate for : appearing for CHOLAMANDALAM MS GEN INS COMPANY LTD
            AND 2 ORS (F)
                                                                       Page No.# 3/4




                                BEFORE
                    HONOURABLE MR. JUSTICE BUDI HABUNG

                                    ORDER

Date : 09-08-2024

Heard Mr. A. R. Agarwala, learned counsel for the applicant. I have also heard Mr. A. Bhattacharyya, learned counsel for respondent no. 1 and Mr. A. Chandran, learned counsel for the respondent nos. 2 and 3.

This is an application filed under section 5 of the Limitation Act, 1963 praying for condonation of delay of 13 days in preferring the connected appeal against the judgment and order dated 03.11.2023, passed by the learned Member, MACT No. 2, Kamrup (M), Guwahati in MAC case no. 2025/2021.

The ground for delay in not preferring the connected appeal on time has been explained in para 2, 3, 4, 5 and 6 of the condonation petition, and I am satisfied that the applicant has been able to show sufficient cause for not preferring the connected appeal within the stipulated time. Moreover, the learned counsel for the respondent has no objection if the delay of 13 days in preferring the connected appeal is condoned.

In view of the above, the delay of 13 days in preferring the connected appeal is hereby condoned.

With the above, this IA stands disposed of.

The Office shall register the connected appeal, and list it for admission, by Page No.# 4/4

reflecting the name of Mr. A. Bhattacharyya as the learned counsel for respondent no. 1 and Mr. A. Chandran, as the learned counsel for the respondent nos. 2 and 3.

JUDGE

Comparing Assistant