Page No.# 1/3 vs Amir Ali And 3 Ors
2025 Latest Caselaw 7088 Gua

Gauhati High Court

Page No.# 1/3 vs Amir Ali And 3 Ors on 8 September, 2025

                                                                  Page No.# 1/3

GAHC010080202025




                                                           2025:GAU-AS:12150

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

                        Case No. : I.A.(Civil)/1429/2025

         THE TATA AIG GENERAL INSURANCE CO. LTD.
         HAVING ITS REGD. OFFICE AT PENINSULA BUSINESS PARK, TOWER A, 15
         FLOOR, G K MARG, LOWER PAREL, MUMBAI- 400013, MAHARASHTRA
         AND HAVING ONE OF ITS BRANCH OFFICE AT 3RD FLOOR, MAYUR
         GARDEN, OPP HDFC BANK, GS ROAD, GUWAHATI 781005, ASSAM



         VERSUS

         AMIR ALI AND 3 ORS
         S/O- LATE NURUL AMIN, R/O- BORBORI, P.O- BELTOLA, PS DHARAMTULI,
         PIN- 782412, DIST- MORIGAON, ASSAM

         2:LAILA KHATUN
         W/O. MD. AMIR ALI
          R/O. BORBARI
          P/O. BELTALA
          P/S. DHARAMTULI
          PIN-782412
          DIST. MORIGAON
         ASSAM.

         3:ARUP DEWRI
          S/O. SRI PRAFULLA DEWRI
          R/O. AMARAGURI
          P/O. BHURAGAON
          P/S. BHURAGAON
          PIN-782127
          DIST. MORIGAON
         ASSAM.

         4:JATIN BASUMATARY
          S/O. D. BASUMATARY
                                                                         Page No.# 2/3

             C/O. PRAMOD BORO
             R/O. MURKATA
             P/O. DURUNG PAHAR
             P/S. KHETRI
             PIN-782403
             DIST. KAMRUP (M0
             ASSAM

Advocate for the Petitioner   : A K BHATTACHARYYA, MS L SHARMA,MR. K K BHATRA

Advocate for the Respondent : MR. A R AGARWALA (R-1), MR ADITYA AGARWALA(R-1)




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                        ORDER

Date : 08-09-2025

Heard Mr. K.K. Bhatta, the learned counsel for the applicant. Also heard Mr. A.R. Agarwala, the learned counsel appearing for the respondent no. 1/claimant in this case.

2. The case was identified for sending it for mediation. However, it is seen that the case is not yet registered for pendency of the application for condonation of delay of 160 days.

3. It is submitted by Mr. Bhatta that there is no intentional delay on the part of the appellant. However, for observation of some procedural formalities there is 160 days delay in preferring the appeal.

4. Mr. Agarwala, the learned counsel for the respondent submitted that he has no objection if the delay is condoned and the appeal is registered.

5. Heard the learned counsel for both the parties and also perused the reason for delay mentioned in para nos. 5 to 8, which is basically due to observation of Page No.# 3/3

some procedural formalities.

6. Considering the submissions and other aspects of the case, the delay of 160 days is hereby condoned.

7. The petition is accordingly allowed.

8. Registry to register and number the connected appeal which is filed against the judgment and order passed by learned Member, MACT No. 2, Kamrup (M) in MAC Case No. 2119/2019 whereby the claimant was awarded with an amount of Rs. 22,75,106.30/- with 9% interest per annum.

9. Registry will do the needful in registering and numbering the connected appeal and is also hereby directed to reflect the name of the engaged counsel in the Cause List.

List accordingly.

The IA is disposed of.

JUDGE

Comparing Assistant