Page No.# 1/3 vs Sri Sankar Singha And 4 Ors
2025 Latest Caselaw 2089 Gua

Gauhati High Court

Page No.# 1/3 vs Sri Sankar Singha And 4 Ors on 20 January, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/3

GAHC010011632017




                                                           2025:GAU-AS:540

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

                         Case No. : I.A.(Civil)/290/2017

         ORIENTAL INSURANCE COMPANY LIMITED
         A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES
         ACT, 1956, HAVING ITS REGISTERED OFFICE AT 3, ORIENTAL HOUSE, A-
         25/27 ASAF ALI ROAD, NEW DELHI-2 WITH ONE OF ITS REGIONAL OFFICE
         AT G.S. ROAD, ULUBARI-7, GUWAHATI, REP. BY ITS REGIONAL
         MANAGER, GUWAHATI, ASSAM.



         VERSUS

         SRI SANKAR SINGHA and 4 ORS.
         S/OLT. GAUR HARI SINHA

         2:1B SRI SUMIT SINHA
          S/O LT. GAURI SANKAR SINHA

         3:1C SRI SAGAR SINGHA
          S/O LT. GAURI SANKAR SINGHA ALL ARE PERMANENT R/O VILL-
         BOALJAR
          P.O. and P.S. SILCHAR
          DIST. CACHAR
         ASSAM.

         4:SRI GAURI SANKAR SINGHA
          S/OLT. GAUR HARI SINGHA R/O VILL- BOALJAR
          P.O. and P.S. SILCHAR
          DIST. CACHAR
         ASSAM.

         5:SRI SURJO KR. SINGHA
          S/O LT. GAUR HARI SINGHA R/O VILL- BOALJAR
          P.O. and P.S. SILCHAR
          DIST. CACHAR
                                                                     Page No.# 2/3

             ASSAM

Advocate for the applicant(s): Mr. RC Paul


Advocate for the respondent(s):



                                  BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                    ORDER

20.01.2025

Heard Mr. RC Paul, the learned counsel appearing on behalf of the applicant.

2. This is an application filed for condonation of delay of 3(three) days in preferring the appeal against the judgment and award dated 05.04.2016 passed in MAC No.272/2012 by the Court of the learned Member, Motor Accident Claims Tribunal, Silchar at Cachar. It is seen from the records that although service upon the respondents No.1(a) has been stated to have been not complete, but from the office note dated 13.09.2022, it is seen that the respondent No.2 had been duly served.

3. It is further seen that the respondent No.2 and respondent No.1(a) are one and the same. Accordingly, this Court deems that the service upon the respondents are duly complete.

4. This Court further duly takes note of the reasons so assigned as to why there was a delay of 3(three) days in preferring the accompanying appeal. The Page No.# 3/3

said reasons in the opinion of this Court constitute sufficient cause within the meaning of Section 5 of the Limitation Act, 1963 for condoning the delay. Accordingly, the delay of 3(three) days in preferring the accompanying appeal stands condoned.

5. Registry is directed to register the accompanying appeal and list it for admission.

6. Interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant