Page No.# 1/3 vs Kabom Pertin
2025 Latest Caselaw 6891 Gua

Gauhati High Court

Page No.# 1/3 vs Kabom Pertin on 1 September, 2025

                                                                 Page No.# 1/3

GAHC010051622025




                                                           2025:GAU-AS:11769

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

                        Case No. : I.A.(Civil)/1345/2025

         NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87, MG
         ROAD, MUMBAI, AND ONE OF THE REGIONAL OFFICE AT STAR CITY
         COMPLEX, 5TH FLOOR, LACHIT NAGAR, GUWAHATI-781007, NEAR
         HANUMAN MANDIR AND ONE OF ITS DIVISIONAL OFFICE AT
         BONGAIGAON.



         VERSUS

         KABOM PERTIN
         S/O- DHORMESWAR PERTIN

         2:PILU PERTIN
          D/O. KABOM PERTIN AND LT. AMPING MEGU PERTIN.

         3:PIKOLI PERTIN
          D/O. KABOM PERTIN AND LT. AMPING MEGU PERTIN

         4:MIDO PERTIN
          S/O. KABOM PERTIN AND LT. AMPING MEGU PERTIN

         5:PINGKU PERTIN
          D/O. KABOM PERTIN AND LT. AMPING MEGU PERTIN
         ALL ARE PERMANENT RESIDENT OF R/O- NEW BORGULI VILL
          P/O. MEBO
          P/S. PASIGHAT
          EAST SIANG
         ARUNACHAL PRADESH-791104
         PRESENT ADDRESS- BONGAIGAON
         W/NO. 25
          SALBARI
          P/O. AND DIST. BONGAIGAON
                                                                            Page No.# 2/3

             ASSAM
             PIN-783380.

            6:AFTAB KHAN
             S/O. ANAMUL KHAN
             R/O. VILL.- PASIGHAT BAZAR
             PASIGHAT JAIL ROAD
             P/O. AND P/S. PASIGHAT
             EAST SIANG
             DIST. ARUNACHAL PRADESH-791102.

            7:MIRAJ KHAN
             S/O. ANAMUL KHAN
             R/O. GAURA BAZAR
             PAITHAN TOLA VILLAGE
             P/O. GAURA
             P/S. KATYA
             DIST. GOPALGANJ
             BIHAR
             PIN-841437.
            PRESENT ADDRESS
            VILL.- PASIGHAT BAZAR
             PASIGHAT JAIL ROAD
             P/O. AND P/S. PASIGHAT
             EAST SIANG DIST. ARUNACHAL PRADESH-791102

Advocate for the Petitioner   : MR. R K BHATRA, A BIYANI,MR. A SAIKIA,MS P HUJURI,L A
MAGAR

Advocate for the Respondent : MR. M KHAN (R-1 TO 5), MS CHITRALEKHA DAS (R-6,7),MR.
K R PATGIRI (R-6,7),MS. D. DEVI (R-6,7),MS J AKTAR(R-1 TO 5),MR A K DAS(R-1 TO 5)




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                         ORDER

Date : 01-09-2025

Heard learned counsel Ms. S. Choudhury on behalf of learned counsel Mr. R.K. Bhatra for the applicant/appellant.

2. This application is filed under Section 5 of the Limitation Act, 1963 with Page No.# 3/3

prayer for condonation of delay of 29 (Twenty Nine) days in preferring the connected appeal against the judgment and award dated 04.10.2024 passed by the learned Member, MACT, Bongaigaon in MAC Case No. 188/2021.

3. Learned counsel Mr. M. Khan representing the respondents No. 1 to 5 has submitted that there is no scope of settlement and the matter may not be referred to mediation. However, he has not raised objection against the prayer for condonation of delay.

4. Learned counsel Mr. K.R. Patgiri for the respondents No. 6 and 7 has no objection if the delay is condoned.

5. It appears that there is no malafide on the part of the applicant and sufficient grounds have been shown. The delay was owing to the information forwarded to the Regional Office.

6. Considering all aspects, the delay of 29 (Twenty Nine) days is hereby condoned.

7. Registry to register the connected appeal and to reflect that name of Mr. M. Khan and Mr. K.R. Patgiri as learned counsel, representing the respondents respectively, in the cause list.

8. In terms of the above observation, this Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant