Icici Lombard General Insurance ... vs Rabiya Khatun And 5 Ors
2024 Latest Caselaw 3812 Gua

Gauhati High Court

Icici Lombard General Insurance ... vs Rabiya Khatun And 5 Ors on 31 May, 2024

                                                              Page No.# 1/4

GAHC010156532023




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

                         Case No. : I.A.(Civil)/2003/2023

         ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT HEAD ICICI
         BANK TOWERS, BANDRA KURLA COMPLEX, MUMBAI 400051 ITS ZONAL
         OFFICE AT APEEJAY HOUSE, 15 PARK STREET, 7TH FLOOR, KOLKATA
         700016 AND A BRANCH OFFICE AT KAMAKHYA TOWER, 3RD FLOOR,
         OFFICE NO. 305 AND 305, GS ROAD, GUWAHATI 781005, ASSAM



         VERSUS

         RABIYA KHATUN AND 5 ORS.
         W/O LATE MOTIBUR RAHMAN @ MATIUR RAHMAN,
         RESIDENT OF VILLAGE RAJA ALI,
         PO KAMPUR, PS KACHUA, DIST NAGAON, ASSAM 782426

         2:ASHIQUR RAHMAN
          S/O LATE MOTIBUR RAHMAN @ MATIUR RAHMAN

         RESIDENT OF VILLAGE RAJA ALI

         PO KAMPUR
         PS KACHUA
         DIST NAGAON
         ASSAM 782426

         3:SALIMA YASMIN
          D/O LATE MOTIBUR RAHMAN @ MATIUR RAHMAN

         RESIDENT OF VILLAGE RAJA ALI

         PO KAMPUR
         PS KACHUA
         DIST NAGAON
                                                            Page No.# 2/4

             ASSAM 782426

            4:MISS NARGIS SULTANA
             D/O LATE MOTIBUR RAHMAN @ MATIUR RAHMAN

            RESIDENT OF VILLAGE RAJA ALI

            PO KAMPUR
            PS KACHUA
            DIST NAGAON
            ASSAM 782426
            TO BE REP. BY. RES. NO. 1

            5:MD. JAIN UDDIN
             S/O S MIYA
            RESIDENT OF VILLAGE JONGJAP PADUMONIGAON
             PO KAMPUR
             PS KACHUA
            DIST NAGAON
            ASSAM 782450

            6:MD KAMAL UDDIN
             S/O MD. ABDUL RAHMAN
            RESIDENT OF VILLAGE JURIRPAR
             PO JURIRPAR BO
             PS KACHUA
             DIST NAGAON
            ASSAM 78242

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : MR D MONDAL (R-1 AND 3)




             Linked Case :

            ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.



             VERSUS

            RABIYA KHATUN AND 5 ORS. A
                                                                       Page No.# 3/4



            ------------
            Advocate for : MR. R GOSWAMI
            Advocate for : appearing for RABIYA KHATUN AND 5 ORS. A



                                 BEFORE
                   HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                        ORDER

Date : 31.05.2024 Heard Ms. M. Saikia, learned counsel for the applicant along with Mr. D. Mondal, learned counsel for the respondents No. 1 to 4. It is seen that notice was to be served upon respondents No. 5 and 6 through Dasti service, however, the learned counsel for the applicant has prayed for time for filing the affidavit of Dasti service.

The learned counsels for both the parties submits that the instant application is for condonation of delay of only 17 days, which may be heard and disposed of today.

Mr. D. Mondal, learned counsel for the respondents No. 1 to 4 submits that considering the less number of days for which the condonation has been filed, they will file no objection.

Ms. M. Saikia, learned counsel for the applicant submits that the reasons for the delay of 17 days have been explained at paragraph-2 of the application. The delay is mainly due to the time taken for receiving the advice from the panel advocates and also time taken for collecting the desired documents and clarifications.

I have heard the submissions made by the learned counsel for both the parties, this Court has perused the paragraph-2 of the application, wherein this Court finds that the delay of 17 days in filing the instant appeal against the Page No.# 4/4

Judgment and award dated 24.03.2023 passed by the learned Member, MACT, Naogaon in MAC Case No.234/2019 has been sufficiently explained. This Court finds that the delay of 17 days is not due to negligence or laches on the part of the applicant and delay is condoned.

Accordingly, I.A.(Civil) No. 2003/2023 stands allowed and disposed of. On the disposal of the instant I.A., the Registry to number the appeal application and list the for admission.

The name of Mr. D. Mondal, learned counsel for the respondents No.1 to 4 is to be duly reflected in the cause list thereafter.

JUDGE

Comparing Assistant