Gauhati High Court
Cholamandalam M/S. General Insurance ... vs Paramananda Bhuyan And 4 Ors on 27 October, 2025
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GAHC010127412025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2021/2025
CHOLAMANDALAM M/S. GENERAL INSURANCE CO. LTD.
HAVING ITS BRANCH OFFICE AT- AASTHA PLAZA, OPPOSITE OF S.B.
DEORAH COLLEGE, 4TH FLOOR, BORA SERVICE, GUWAHATI, DIST.
KAMRUP (M), ASSAM, (REP. BY ITS DY. MANAGER, LEGAL CLAIMS MR.
SABIR AHMED CHOUDHURY)
VERSUS
PARAMANANDA BHUYAN AND 4 ORS
S/O. BHUBAN BHUYAN
2:AMRIT KR. BHUYAN
S/O. SRI. PARAMANANDA BHUYAN
3:AVIJIT BHUYAN
S/O. SRI. PARAMANANDA BHUYAN
ALL ARE R/O. VILL.- NO. 1 KAHAL GAON
P/O. BONGAON
P/S. MAJULI
ASSAM
PIN-785106
DIST. MAJULI
ASSAM.
4:BIBHUTY TAID
S/O. SRI BAPUDHAR TAID
R/O. NA-ALI BONGAL PUKHURI
P/O. AND P/S. JORHAT
DIST. JORHAT
ASSAM
PIN-785001
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5:MANTU BORDOLOI
S/O. SRI RUPESWAR BORDOLOI
R/O. VILL.- SORBAIBANDH
P/O. AND P/S. JORHAT
DIST. JORHAT
ASSAM
PIN-785001
Advocate for the Petitioner : MR. A BHATTACHARYYA,
Advocate for the Respondent : MR. S ALIM (R-2,3), MR. M H ANSARI (R-2,3)
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 27.10.2025
Heard Mr. A. Bhattacharyya, learned counsel appearing for the
applicant. Also heard Mr. S. Alim, learned counsel appearing for the
respondent Nos. 2 and 3.
It appears that despite notice in respect of the remaining
respondents being complete, there is no representation on behalf of
them on call.
By way of this application, the applicant is seeking
condonation of delay of 10 days in filing the connected MAC appeal
against the judgment and award dated 01.03.2025 passed in MAC
Case No. 1466/2017 by the learned Member, MACT, No. 1, Kamrup
(M).
The grounds of the delay as pleaded in the condonation
application reads as under:-
"3. That the applicant begs to state that the learned Member,
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Motor Accidents Claims Tribunal, Kamrup (M) passed the
Judgment in MAC Case No. 1466/2017 on 01.03.2025.
Thereafter the learned counsel appearing for the
applicant/insurance company applied for the certified copy
of the judgment on 05.03.2025 and the same was received
by him on 06.03.2025. Immediately on the same day, the
said copy was received by Branch office of the
applicant/appellant company at Guwahati i.e., on
06.03.2025. The copy of the judgment was forwarded to the
learned empanelled Advocate to give gave his legal opinion
and the latter gave his opinion regarding filing of MAC
appeal against the said Judgment before this Hon'ble Court
only on 18.03.2025.
4. That the applicant begs to state that the authorized officer
of the applicant/insurance company upon receipt of the
aforesaid legal opinion, perused the records of the case and
forwarded the said judgment together with legal opinion to
Head Office in Chennai on 20.03.2025. However, at the time
of scrutiny of the case record at Head Office, Chennai it was
found that some documents especially the exhibits are not
inside the case record and same are required for assessing
the prospect of the appeal. Accordingly the authorized officer
at Head Office asked for those documents on 06.04.2025
from the Advocate at Guwahati and the latter submitted the
copies thereof on 22.04.2025 whereupon the same were sent
and received at Head Office only on 29.04.2025. Thereafter
the legal opinion from the present counsel at the High Court
was sought for on 01.05.2025 by Guwahati Office and
opinion by present counsel was given on 05.05.2025.
5. That the applicant begs to state that on perusal of the said
opinion and case record applicant/insurance company
decided to file MAC Appeal before this Hon'ble Court against
the impugned judgment and to that effect handed over the
entire record of the case to the present counsel on
16.05.2025 requesting him to prepare the draft.
6. That the applicant begs to state that the present counsel of
the applicant company while preparing the draft of the Memo
of Appeal could not find the cross-examination of PW-2 which
was very much necessary for preparing the appeal.
Accordingly he asked for the same from the company's office
at Guwahati and the document was received by him on
03.06.2025. Thereafter the draft memo fo appeal was
prepared and sent to the authorized officer of the applicant
insurance company on 06.06.2025 for vetting. Thereafter the
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draft was approved and ultimately the accompanying MAC
Appeal was filed on 10.06.2025, but in the process a delay
of 10 days has occurred."
Upon hearing the parties and perusal of the aforesaid grounds
as extracted hereinabove, this court finds that the grounds for
condoning the delay of 10 days that has occurred in filing the
connected appeal are sufficient and bona fide.
Accordingly, in the interest of justice, the delay of 10 days
stands condoned.
Hence, the Interlocutory Application stands allowed and
disposed of.
In view of the above, let the connected MACApp/7314/2025
(Filing Number) be registered and listed accordingly.
JUDGE
Comparing Assistant
