Gauhati High Court
Page No.# 1/4 vs Jasmina Begum And 4 Ors on 17 September, 2025
Page No.# 1/4
GAHC010037132023
2025:GAU-AS:12750
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/677/2023
NATIONAL INSURANCE COMPANY LTD .
REPRESENTED BY THE REGIONAL MANAGER, BHANGAGARH, GS ROAD,
GUWAHATI 781005, DIST KAMRUP M ASSAM
VERSUS
JASMINA BEGUM AND 4 ORS .
W/O LATE ANWAR HUSSAIN,
RESIDENT OF NAHARLAGUN, PS DOBOKA, DIST NAGAON, PRESENT
DISTRICT HOJAI, ASSAM
2:MD. AZIJUR RAHMAN
S/O LATE ANWAR HUSSAIN
RESIDENT OF NAHARLAGUN
PS DOBOKA
DIST NAGAON
PRESENT DISTRICT HOJAI
ASSAM
3:MD. WZHED ALOM
S/O LATE ANWAR HUSSAIN
RESIDENT OF NAHARLAGUN
PS DOBOKA
DIST NAGAON
PRESENT DISTRICT HOJAI
ASSAM
4:SHAHNAJ PARBIN
D/O LATE ANWAR HUSSAIN
RESIDENT OF NAHARLAGUN
PS DOBOKA
Page No.# 2/4
DIST NAGAON
PRESENT DISTRICT HOJAI
ASSAM
5:MR. SHANKARPURI GOSWAMI
S/O HEERAPURI GOSWAMI
RESIDENT OF CHOWDHURY BUILDING
PO A.T ROAD
JORHAT
ASSAM
TEMPORARY ADDRESS
ZAKACHATA COLONY
GOLAGHAT ROAD
NAGALAND
Advocate for the Petitioner : MR. N M DUTTA,
Advocate for the Respondent : MS. P BHATTACHARYA (r-1 to 4), MR. A KHAN (r-1 to 4)
Linked Case :
NATIONAL INSURANCE COMPANY LTD .
VERSUS
JASMINA BEGUM AND 4 ORS . A
------------
Advocate for : MR. N M DUTTA
Advocate for : appearing for JASMINA BEGUM AND 4 ORS . A
Page No.# 3/4
BEFORE
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
17-09-2025
Heard Mr. N. M. Dutta, learned counsel for the applicant and Ms. P.
Bhattacharya, learned counsel for the respondent Nos. 1 to 4.
2. This application under Section 5 of the Limitation Act has been filed for
condonation of delay of 219 days in preferring the connected appeal against the
judgment and award dated 08.02.2022, passed by the Commissioner of Employee's
Compensation, Nagaon directing the applicant to pay a sum of Rs.8,02,600/- along
with simple interest @ 7% per annum from the date of accident to the
claimant/respondent.
3. It is further submitted by Mr. Dutta, learned counsel that in pursuant to the
order of this Court, they have taken steps for issuance of notice to the respondent
No.5 through paper publication and accordingly, it was published in two daily
newspapers, namely, 'The Assam Tribune' and 'Dainik Asam' and in that regard
they have also filed an affidavit, which has been annexed along with this petition.
4. It is further submitted by Mr. Dutta, that the connected appeal could not be
preferred within the period of limitation, as it took some time in receiving the
necessary documents from the concerned branch office of the applicant, which is
situated at Nagaon and thereafter, the empanelled lawyer also took some time in
scrutinizing the documents and thereafter the connected appeal could be filed with
a delay of 219 days.
5. However, there is no latches or negligence on the part of the present
applicant/appellant and due to some unavoidable circumstances as well as in
observing some formalities, there was a delay of 219 days.
Page No.# 4/4
6. Accordingly, it is submitted by Mr. Dutta, learned counsel that the delay may
be condoned and the appeal may be registered.
7. Ms. P. Bhattacharya, learned counsel for the respondent Nos. 1 to 4 raised no
objection and submitted that the respondents have no objection if the appeal is
admitted by condoning the delay of 219 days, in preferring the connected appeal.
8. Considering the submissions made by the learned counsel for both sides and
the grounds mentioned in the petition also for the ends of justice, the delay of 219
days in preferring the connected appeal is hereby condoned.
9. Registry is directed to register and number the connected appeal and to list
the same accordingly.
10. Registry is also directed to reflect the name of Ms. P Bhattacharya, learned
counsel for the respondent Nos. 1 to 4 while listing the connected appeal.
11. With the above observation and direction, this interlocutory application
stands disposed of.
JUDGE
Comparing Assistant
