Oriental Insurance Company Ltd vs Sri Sanjay Jain And 6 Ors
2025 Latest Caselaw 6399 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Sri Sanjay Jain And 6 Ors on 27 August, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                    Page No.# 1/3

GAHC010011042020




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

                        Case No. : I.A.(Civil)/112/2020 in
                                    MACApp./84/2014

         ORIENTAL INSURANCE COMPANY LTD.,
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI
         ROAD, NEW DELHI- 110002, AND REGIONAL OFFICE AT GUWAHATI-7, REP.
         BY THE REGIONAL MANAGER.



         VERSUS


         SRI SANJAY JAIN AND 6 ORS.
         S/O- LATE SAGAR MAL JAIN, R/O- PALTAN BAZAR, GUWAHATI- 781008,
         DIST.- KAMRUP, ASSAM.

         2:SRI RAJESH JAIN
          S/O- LATE SAGAR MAL JAIN
          R/O- PALTAN BAZAR
          GUWAHATI- 781008
          DIST.- KAMRUP
         ASSAM.

         3:SMT. NIRMALA DEVI JAIN
         W/O- SRI SAMPAT LAL JAIN
          R/O- PALTAN BAZAR
          GUWAHATI- 781008
          DIST.- KAMRUP
         ASSAM.

         4:SMT. SUMAN DEVI JAIN
         W/O- SRI DILIP JAIN
          R/O- P.O. SILCHAR
          DIST.- CACHAR
         ASSAM.
                                                                        Page No.# 2/3


            5:SMT. KUSUM DEVI JAIN
            W/O- LATE PAWAN JAIN
             R/O- ATHGAON
             GUWAHATI- 781008
             DIST.- KAMRUP
            ASSAM.

            6:SRI BIPLAV JAIN
             S/O- LATE PAWAN JAIN
             R/O- ATHGAON
             GUWAHATI- 781008
             DIST.- KAMRUP
            ASSAM.

            7:SMT. AMRITA JAIN
             D/O- LATE PAWAN JAIN
             R/O- ATHGAON
             GUWAHATI- 781008
             DIST.- KAMRUP
            ASSAM

Advocate for the Petitioner   : MR SISHIR DUTTA, MR. S DUTTA

Advocate for the Respondent : MR. B K JAIN,




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

27.08.2025

Heard Shri S. Dutta, learned Senior Counsel assisted by Ms. K. Bora, learned counsel for the applicant. Also heard Shri B.K. Jain, learned counsel for the respondent nos. 1 to 7 as well as Shri R. Goswami, learned counsel for the respondent no.9.

This is an application for condonation of delay of 105 days in preferring a review against the judgment and order dated 13.02.2019 passed by this Court in MAC Appeal No. 84/2014.

Page No.# 3/3

The learned Senior Counsel has drawn the attention of this Court to the averments made in paragraph 4 of the petition and has submitted that because of reasons which were beyond the control of the applicant, the delay has occasioned.

Both Shri Jain and Shri Goswami, the learned counsel for the respondents have submitted that they would not have serious opposition on the aspect of condonation of delay but has submitted that the review is not maintainable.

It is a settled position of law that the application for condonation of delay are to be considered in a pragmatic and justice oriented approach. At the same time, this Court is also required to take into consideration that a litigant is required to be vigilant so that third party rights are not created in the meantime.

Be that as it may, after perusal of the grounds of condonation, the instant application for condonation of delay is allowed.

The application accordingly stands disposed of.

JUDGE

Comparing Assistant