Oriental Insurance Co. Ltd vs Chahen Boro And Anr
2025 Latest Caselaw 3404 Gua

Gauhati High Court

Oriental Insurance Co. Ltd vs Chahen Boro And Anr on 21 February, 2025

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GAHC010117122024




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

                               Case No. : I.A.(Civil)/1799/2024

            ORIENTAL INSURANCE CO. 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

            CHAHEN BORO AND ANR.
            S/O TANURAM BORO,
            VILL.- PORAVITA, P.O.- SIMILA, TARABARI, P.S.- BOKO, DIST.- KAMRUP,
            ASSAM.
            PRESENT ADDRESS- BONGAIGAON, WARD NO. 10, NOTUNPARA, P.O. AND
            P.S.- BONGAIGAON, DIST.- KAMRUP, ASSAM, PIN- 783380.

            2:AMRAW DEVI GHIYA
             D/O BABULAL JAIN

            VILL.- KEDAR ROAD
            JAIN GALI
            WARD NO. 19
            HOUSE NO. 54
            GUWAHATI
            DIST.- KAMRUP
            ASSAM
            PIN

Advocate for the Petitioner   : MS. M CHOUDHURY,

Advocate for the Respondent : MR Y KOTHARI, MR. M DEKA (R-1),MD S HOQUE (R-1),MR. N
KOTHARI,MR. D K KOTHARI
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                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                      ORDER

Date : 21-02-2025

Heard Ms. M. Choudhury, the learned counsel for the applicant and also heard Mr. S. Hoque, the learned counsel appearing for respondent no. 1.

Office Note dated 25.07.2024 also reveals that notice were duly served on respondent nos. 1 & 2 and also entered into appearance on behalf of respondent no. 2 by filing a Vakalatnama. Thus it is seen that service is complete.

This is an application u/s 5 of the Limitation Act for condonation of delay. of 96 days in preferring the connected MFA against the judgment dated 02.01.2024 passed by the Commissioner Workmen's Compensation, Bongaigaon in W.C. Case No. 23 of 2019.

Ms. Choudhury, the learned counsel for the appellant submitted that after passing of the judgment and order, some official formalities has to be observed for which it took some time for obtaining the certified copies and in obtaining opinion from Head Office etc. in preferring the appeal. There was no wilful negligence or laches on the part of the appellant but also for observing some official formalities there was a delay of 96 days in preferring the appeal.

Mr. Hoque, the learned counsel appearing for the respondent no. 1 raises no objection in this regard. Accordingly, considering the submissions made by learned counsel for both sides, the ground of delay mentioned in the petition itself and also for the ends of justice, the present petition is allowed by Page No.# 3/3

condoning the delay of 96 days in preferring the connected appeal.

List the matter accordingly after 4 (four) weeks for admission.

JUDGE

Comparing Assistant