Sanowar Hussain vs United India Insurance Co. Ltd And 2 Ors
2024 Latest Caselaw 5777 Gua

Gauhati High Court

Sanowar Hussain vs United India Insurance Co. Ltd And 2 Ors on 12 August, 2024

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GAHC010059092024




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

                                Case No. : I.A.(Civil)/954/2024

            SANOWAR HUSSAIN
            S/O LATE ANSAR RAHMAN,
            VILL.- JAYBHUM, P.O.- CHUNARI- 783129, P.S.- LAKHIPUR, DIST.-
            GOALPARA.



            VERSUS

            UNITED INDIA INSURANCE CO. LTD AND 2 ORS.
            REP. BY ITS REGIONAL MANAGER, G.S. ROAD, CHRISTIAN BASTI, P.O.-
            GUWAHATI- 781005, DIST.- KAMRUP (M) (ASSAM).

            2:MONFEET MEDHI
            W/O MANIK CH. MEDHI

            VILL.- BAPUJI NAGAR
            P.O.- GOALPARA
            DIST.- GOALPARA (ASSAM).

            3:NAZMUL HOQUE
             S/O ABDUL AZIZ

            VILL.- ABRARBHITA
            P.O.- BALARBHITA- 783129
            P.S.- BAGUAN
            DIST.- GOALPARA

Advocate for the Petitioner   : MR. A R AGARWALA, MR ADITYA AGARWALA

Advocate for the Respondent : MR. R C PAUL (R- 1 ), MR. D M NATH(R-2)
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                                  BEFORE
                      HONOURABLE MR. JUSTICE BUDI HABUNG

                                     ORDER

Date : 12-08-2024

Heard Mr. A.R. Agarwal, learned counsel for the applicant and Mr. D.M. Nath , learned counsel appearing on behalf of respondent No. 2. No one appears on behalf of respondent no. 1 although they have filed Vakalatname and their names have been reflected in the Cause List.

This is an application under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 90 days in preferring the connected appeal against the judgment and award dated 19.09.2023 passed by learned Member, Motor Accident Claims Tribunal, Goalpara in MAC Case No. 119 of 2017.

The delay in not preferring the connected appeal on time has been explained in para 3 of the condonation petition.

Upon consideration, this Court is satisfied that the applicant has been able to show sufficient cause for not preferring the connected appeal within a stipulated time. Moreover, the learned counsel for respondent No. 2 has no objection if the delay of 90 days in preferring the connected appeal is condoned.

Accordingly, delay of 90 days in preferring the connected appeal is hereby condoned.

Office shall register the connected appeal and place for admission on a date to be fixed by Registry.

JUDGE Comparing Assistant