Page No.# 1/3 vs Pradip Dutta And 3 Ors
2025 Latest Caselaw 5447 Gua

Gauhati High Court

Page No.# 1/3 vs Pradip Dutta And 3 Ors on 17 June, 2025

                                                                  Page No.# 1/3

GAHC010293352023




                                                            2025:GAU-AS:7980

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

                         Case No. : I.A.(Civil)/802/2024

         ORIENTAL INSURANCE COMPANY LTD.
         (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT
         GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI- 781007, REP. BY THE
         DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI-
         781007.



         VERSUS

         PRADIP DUTTA AND 3 ORS.
         S/O SHRI SUREN DUTTA,
         VILL.- ALENGMORIA GAON,
         MOUZA- GURJUGONIA, P.O.- DHEKIAL, P.S.- DERGAON, DIST.- GOLAGHAT,
         ASSAM, PIN- 785622.

         2:MOMITA DUTTA
         W/O SHRI PRADIP DUTTA

         VILL.- ALENGMORIA GAON

         MOUZA- GURJUGONIA
         P.O.- DHEKIAL
         P.S.- DERGAON
         DIST.- GOLAGHAT
         ASSAM
         PIN- 785622.

         3:PROSEN BORA
          S/O LATE PADMA BORA

         VILL.- SANTIPUR
         MOUZA- BORPATHAER
         P.O.- BILGAON
                                                                               Page No.# 2/3

             P.S.- BORPATHER
             DIST.- GOLAGHAT
             ASSAM
             PIN- 785621.

            4:BUDHEN BORA
             S/O LATE PADMA BORA

            VILL.- SANTIPUR
            MOUZA- BORPATHAER
            P.O.- BILGAON
            P.S.- BORPATHER
            DIST.- GOLAGHAT
            ASSAM
            PIN- 785621

Advocate for the Petitioner   : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR

Advocate for the Respondent : MR. J K GOSWAMI (R-1), MR D J BORO(R-1),MR. J
BARMAN(R-1)




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                        ORDER

Date : 17.06.2025

Heard Ms. R.D. Mozumdar, learned counsel for the applicant. Also heard Mr. J.K. Goswami, learned counsel for the opposite party No. 1.

2. This interlocutory application, under Section 173 of the M.V. Act, read with Section 5 of the Limitation Act, is preferred by the applicant for condonation of delay of 180 days in preferring the connected appeal against the judgment and award dated 20.03.2023, passed by the learned Member, Motor Accident Claims Tribunal, Golaghat, in MAC Case No. 57/2013.

3. Ms. Mozumdar, learned counsel for the applicant submits that there was delay in obtaining the certified copy of the judgment and award by the counsel engaged of the applicant and thereafter, legal opinion from the counsel of this Page No.# 3/3

Court was obtained, and in the process, some delay had occasioned, and that the same is not intentional, rather it is circumstantial, and that she has arguable points in the appeal, which are required to be adjudicated on merit, and as such, she has contended to allow this application.

4. Mr. Goswami, learned counsel for the opposite party No. 1 submits that he has no objection in the event of condoning the delay of 180 days in preferring the connected appeal by the applicant.

5. Taking note of the submissions of learned counsel for both the parties, and also considering the explanation so forthcoming for the delay, especially from paragraph Nos. 3 and 4 of the application, this Court is of the view that the delay is sufficiently explained and accordingly, the same stands condoned.

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

7. In view of the order passed today in I.A.(Civil) No. 802/2024, now the Registry shall proceed to register the connected second appeal and list the same before this Court as soon as practicable.

8. Mr. Goswami, learned counsel for the opposite party No. 1 submits that he has not been provided with a copy of the memo of appeal.

9. Ms. Mozumdar, learned counsel for the applicant undertakes to furnish a copy of the memo of appeal to Mr. Goswami by tomorrow.

JUDGE

Comparing Assistant