Sanu Mallick vs Cholamadalam Ms General Insurance ...
2024 Latest Caselaw 3830 Gua

Gauhati High Court

Sanu Mallick vs Cholamadalam Ms General Insurance ... on 31 May, 2024

                                                                   Page No.# 1/2

GAHC010270292023




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

                                Case No. : I.A.(Civil)/3827/2023

            SANU MALLICK
            S/O SUBHAS MALLICK
            RESIDENT OF VILLAGE LALGANESH TINIALI, PS FATASHIL AMBARI, DIST
            KAMRUP M ASSAM



            VERSUS

            CHOLAMADALAM MS GENERAL INSURANCE COMPANY LTD. AND 2 ORS.
            AASTHA PLAZA, 4TH FLOOR GS ROAD, OPP. SB DEORAH COLLEGE,
            ULUBARI,GUWAHATI 781007, KAMRUP M ASSAM

            2:SMTI BINITA TUMING
            W/O MANESHWAR TUMUNG
             HENGRABARI
             PS DISPUR DIST KAMRUP M ASSAM

            3:LIBAN BORO
             S/O LANKESHWAR BORO
            PATHARQUARY
             PS NOONMATI
             DIST KAMRUP M ASSA

Advocate for the Petitioner   : MR. A K JAIN

Advocate for the Respondent :
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                                    BEFORE
                      HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                          ORDER

Date : --31.05.2024 Heard Mr. A.K. Jain, learned counsel for the applicant/ appellant who submits that though in the order dated 22.12.2023 of this Court, it reflects that the counsel for the applicant had prayed for some more time to take instruction and to file additional affidavit, the learned counsel for the applicant submits that they will not be filing additional affidavit and notice may be issued to the respondents.

This is an application under Section 5 of the Limitation Act, 1963, to condone the delay of 544 (Five hundred forty four) days in filing the appeal against the judgment and order passed on 30.09.2021 by the learned Member, MACT No. 3, Kamrup (M) at Guwahati in MAC case No. 481/2017.

Issue notice to the respondents returnable by 3 weeks.

The applicant/appellant shall take steps for service of notice upon the respondents through registered post with A/D as well as usual process within 4 days.

List the matter after 3 (three) weeks.

JUDGE

Comparing Assistant