The Oriental Insurance Co. Ltd vs Gitu Bordoloi And Anr
2025 Latest Caselaw 2043 Gua

Gauhati High Court

The Oriental Insurance Co. Ltd vs Gitu Bordoloi And Anr on 6 August, 2025

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GAHC010120042024




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

                                Case No. : I.A.(Civil)/1963/2024

            THE ORIENTAL INSURANCE CO. LTD.
            A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REP. BY ITS
            REGIONAL MANAGER, ULUBARI, GUWAHATI- 7.



            VERSUS

            GITU BORDOLOI AND ANR.
            S/O RAMA BORDOLOI,
            VILL.- MOLANKATTA ADARSAGAON, DIGHALIATI, P.S.- RAHA, DIST.-
            NAGAON, ASSAM.

            2:PUSPENDRA BHUYAN
             S/O LATE RADHA NATH BHUYAN

            VILL.- DIGHALIATI
            P.S.- RAHA
            DIST.- NAGAON
            ASSAM

Advocate for the Petitioner   : MR. S K GOSWAMI, MR. R SHARMA

Advocate for the Respondent : MR N Z CHOUDHURY (R-1), S LASKAR(R-1),MS. A. BORAH(R-
1)




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

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Heard Ms. P. Sarma, learned counsel appearing on behalf of Mr. S.K. Goswami, learned counsel for the applicant and Mr. N.Z. Choudhury, learned counsel for the opposite party No. 1.

2. The present interlocutory application, under Section 5 of the Limitation Act, is preferred by the applicant, for condoning the delay of 15 days in preferring the connected appeal, against the judgment and award dated 01.02.2024, passed by the learned Member, MACT, Nagaon (tribunal hereinafter), in MAC Case No. 53/2019.

3. Ms. Sarma, learned counsel for the applicant submits that the appeal could not be filed in time as some delay had occurred in obtaining approval from the higher officials and that the delay is not intentional, rather it is circumstantial and therefore, it is contended to allow this application.

4. On the other hand, Mr. Choudhury, learned counsel for the opposite party No. 1 submits that he has no objection in the event of allowing this application.

5. Taking note of the submissions of learned counsel for both the parties and also considering the explanation so forthcoming in the statements and averments made in the application, this court is inclined to condone the aforementioned delay.

6. Accordingly, the same stands condoned.

7. In terms of above, this interlocutory application stands disposed of.

8. Now, the registry shall register the connected appeal and list the same before the court as soon as practicable.

JUDGE Page No.# 3/3

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