The Oriental Insurance Co. Ltd v. Lakshi Das and 4 Ors

ORDER

22.11.2024

Heard Ms. L. Sarma, learned counsel for the applicant and Mr. S.I. Akand, learned counsel for the opposite parties.

¶2This application, under Section 5 of the Limitation Act, is preferred by the applicant for condoning the delay of 21 days in preferring the connected appeal.

¶3The learned counsel for the applicant submits that the certified copy of the Judgment and Award dated 20.03.2024, passed in M.A.C. Case No. 98/2019, by the learned Member, M.A.C.T., Bajali, Pathsala could not obtained in time. Thereafter, the judgment and award was sent to the Branch Office, Bongaigaon Page No.# 3/3 and thereafter, to Regional Office, Guwahati for approval and in that process the delay of 21 days had occurred and that the delay is not intentional rather it is circumstantial and the same sufficiently explained in Paragraph Nos. 4, 5 & 6 of the application. Therefore, it is contended to allow this petition.

¶4On the other hand, the learned counsel for the opposite parties submits that he has no objection in the event of condoning the delay of 21 days in preferring the connected appeal, against the Judgment and Award dated

20.03.2024, passed in M.A.C. Case No. 98/2019, by the learned Member, M.A.C.T., Bajali, Pathsala.

¶5Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the statements and averments made in the Paragraph Nos. 4, 5 & 6 of the application.

¶6It appears that the delay of 21 days, in preferring the connected appeal, against the Judgment and Award dated 20.03.2024, passed in M.A.C. Case No. 98/2019, by the learned Member, M.A.C.T., Bajali, Pathsala is sufficiently explained in Paragraph Nos. 4, 5 & 6 of the application.

¶7Therefore, this court is inclined to allow this application and accordingly, the delay of 21 days in filing the connected appeal, stands condoned.

¶8In view of above, it is provided that the Registry shall register the connected appeal and list the same before the court.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010162572024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2435/2024o THEoORIENTALoINSURANCEoCO.oLTD.o AoCOMPANYoREGISTEREDoUNDERoTHEoCOMPANIESoACT,o1956.oREP.oBYoITS REGIONALoMANAGER,oULUBARI,oGUWAHATI-o7. VERSUSo LAKSHIoDASoANDo4oORS.o W/OoLATEoNANDAoDAS,o VILL.-oJALJALI,oHOWLYoTOWN,oWARDoNO.o2,oP.O.oANDoP.S.-oHOWLY,oDIST.-o BARPETA,oASSAM,oPIN-o781316. 2:JAMUNAoBALAoDAS oW/OoLATEoSUNILoDAS oVILL.-oJALJALI oHOWLYoTOWN oWARDoNO.o2 oP.O.oANDoP.S.-oHOWLY oDIST.-oBARPETA oASSAM oPIN-o781316. 3:SOURBHoDAS oS/OoLATEoNANDAoDAS oVILL.-oJALJALI oHOWLYoTOWN oWARDoNO.o2 oP.O.oANDoP.S.-oHOWLY oDIST.-oBARPETA oASSAM oPIN-o781316.o (BEINGoMINOR oREP.oBYoHISoMOTHERoI.E.oRESPONDENToNO.o1). Page No.# 2/3 4:AMZAD ALI S/O SAMSUL HOQUE VILL.- HAZIPARA P.O. AND P.S.- HOWLY DIST.- BARPETA ASSAM PIN- 781316. 5:ANOWAR HUSSAIN S/O BHALU MIYA VILL.- CHENGULIA P.O.- KALAHBHANGA P.S.- BARPETA ROAD DIST.- BARPETA ASSAM PIN- 781315 Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA Advocate for the Respondent : MR. R Deka (R-1,2,3), MR. B BHARALI (R-4,5),S I AKAND(R- 1,2,3) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN