Page No.# 1/3 vs Rekha Basfore And 5 Ors
2025 Latest Caselaw 5374 Gua

Gauhati High Court

Page No.# 1/3 vs Rekha Basfore And 5 Ors on 16 June, 2025

                                                                    Page No.# 1/3

GAHC010056742025




                                                              2025:GAU-AS:7904

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

                         Case No. : I.A.(Civil)/1057/2025

         CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT SHAW WALLACE
         BUIDING NEW NO. 319, OLD NO. 154, 2ND FLOOR, THAMBU CHETTY,
         CHENNAI, PIN-6000001, INDIA, ITS ZONAL OFFICE AT OFFICE NO. 201 AND
         202 L AND T CHAMBERS, 2ND FLOOR, 16 CAMAC STREET, KOLKATA-
         700017 AND ITS GUWAHATI REGIONAL OFFICE AT 4TH FLOOR, AASTHA
         PLAZA, BORA SERVICE, G.S. ROAD, GUWAHATI, KAMRUP (M), ASSAM-
         781007 REP BY THE DEPUTY LEGAL CLAIMS OF GUWAHATI REGIONAL
         OFFICE,

         VERSUS

         REKHA BASFORE AND 5 ORS
         W/O. LT. MADAN BASFORE

         2:RAJESH BASFORE
          LT. MADAN BASFORE

         3:PUJA BASFORE
          D/O. LT. MADAN BASFORE
         ALL ARE R/O. QUARTER NO. 215-A
         TYPE-II
          NAMBARI
          MALIGAON
          P/S. JALUKBARI
          GUWAHATI
         ASSAM
          PIN-781014.

         4:SANAMATI BASFORE
         W/O. LT. MADAN BASFORE

         5:ARJUN BASFORE
          S/O. LT. MADAN BASFORE
                                                                           Page No.# 2/3

            BOTH ARE R/O. CYCLE FACTORY
            FATASIL AMBARI
            P/O. AND P/S. FATASIL AMBARI
            GUWAHATI
            ASSAM
            PIN-781025.

            6:PAPPU KUMAR SHARMA
             S/O. DINESH KR. SHARMA
             R/O. SHARMA TYRE SERVICE
             FATASIL AMBARI
             P/O. AND P/S. FATASIL AMBARI
             GUWAHATI
            ASSAM
             PIN-78102

Advocate for the Petitioner   : MR T KALITA, MR. A KAKATI

Advocate for the Respondent : MS. M GAZLOO (R-1,2,3), MANJUSHREE PATGIRI (R-5),MR. A
CHOUDHURY(R-5),MS D D ROY(R-1,2,3)


                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                   ORDER

16.06.2025

Heard Mr. D. Bhattacharjee, learned counsel appearing on behalf of Mr. T. Kalita, learned counsel for the applicant; Ms. M. Gazloo, learned counsel for the opposite party Nos. 1, 2 & 3; and Ms. M. Patgiri, learned counsel for the opposite party Nos. 4 & 5.

2. This application, under Section 5 of the Limitation Act read with Section 173 of the M.V. Act, is preferred by the applicant for condoning the delay of 50 days in preferring the connected appeal against the judgment and order dated 23.10.2024, passed by the learned Member, M.A.C.T. No. 2, Kamrup (M) at Guwahati, in MAC Case No. 2635/2016.

3. Mr. Bhattacharjee, learned counsel for the applicant submits that there Page No.# 3/3

was delay in obtaining the certified copy of the impugned judgment and order and also there was delay in obtaining approval from the Head Office of the applicant company. Mr. Bhattacharjee further submits that the delay is circumstantial and not deliberate and the same has sufficiently been explained in paragraph Nos. 3 - 7 of this petition and therefore, it is contended to allow the same.

4. The learned counsel for the opposite parties submits that they have no objection in the event of condoning the delay.

5. Taking note of the submissions of learned counsel for both the parties also in view of the explanation so forthcoming for the delay, this court is of the view that the delay has sufficiently been explained in paragraph Nos. 3 - 7 of this petition and therefore, the same stands condoned.

6. In terms of above, this I.A. stands disposed of.

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

JUDGE Comparing Assistant