Page No.# 1/2 vs Sabharam Dutta
2024 Latest Caselaw 7 Gua

Gauhati High Court

Page No.# 1/2 vs Sabharam Dutta on 3 January, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                       Page No.# 1/2

GAHC010263892022




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

                                Case No. : I.A.(Civil)/15/2023

            NABA KUMAR MAHANTA AND ANR,.
            S/O LATE DHARMA KANTA MAHANTA
            RESIDENT OF NAKARI SANTI NAGAR, WARD NO. 2, PS NORTH
            LAKHIMPUR, DIST LAKHIMPUR ASSAM.

            2: SRI BHASKAR JYOTI MAHANTA
             S/O NABA KUMAR MAHANTA
            RESIDENT OF NAKARI SANTI NAGAR
            WARD NO. 2
             PS NORTH LAKHIMPUR
             DIST LAKHIMPUR ASSAM

            VERSUS

            SABHARAM DUTTA
            S/O LATE KARUNA DUTTA,
            RESIDENT OF NAKARI SANTI NAGAR, WARD NO. 2, PS NORTH
            LAKHIMPUR, DIST LAKHIMPUR ASSAM.



Advocate for the Petitioner   : MR. R SARMA

Advocate for the Respondent :

                                   BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 03.01.2024

Heard Mr. R.Sarma, learned counsel for the applicant . Mr. M. Saikia, Page No.# 2/2

learned counsel appears for the opposite party. By this application under Section 173 (1) of the MV Act read with Section 5 of the Limitation Act, 1963, the applicant has prayed for condonation of delay of 79 days in preferring the connected MAC Appeal against the judgment and award dated 30.06.2022 passed by the learned Member, MACT, Lakhimpur, North Lakhimpur in MACT Case No. 30/2015.

The learned counsel for the opposite party has no objection to the prayer of the applicant.

Having heard the learned counsel for the parties and on perusal of the grounds cited in the instant application particularly the averments made in paragraphs Nos. 2, 3 and 4, this court finds satisfactory grounds for condoning the delay of 79 days in preferring the connected MAC Appeal.

Accordingly, the delay of 79 days in preferring the connected MAC Appeal is hereby condoned.

The interlocutory application is disposed of. Registry to register the connected MAC Appeal and list the same for admission.

JUDGE

Comparing Assistant