United India Insurance Company Ltd v. Anjali Patgiri and 6 Ors

ORDER

16.12.2024

Heard Mr. T. Kalita, learned counsel for the applicant and Mr. R. Goswami, learned counsel for the opposite parties.

¶2This application, under Section 5 of the Limitation Act read with Section 173 of the M.V. Act, is preferred by the applicant for condoning the delay of 62 days in preferring the connected appeal.

¶3Mr. Kalita, learned counsel for the applicant submits that the cause of delay in filing the connected appeal is explained in paragraph Nos. 4 – 6. Mr. Kalita further submits that there was delay in obtaining the certified copy and also in Page No.# 3/3 obtaining the legal opinion from the counsel of the appellant and therefore, the said delay had occasioned and that the said delay is not intentional or deliberate but circumstantial and therefore, it is contended to allow the petition.

¶4Mr. Goswami, learned counsel for the opposite parties submits that he has no objection in the event of allowing the petition by condoning the delay of 62 days in filing the connected appeal. Mr. Goswami further submits that the matter has already been settled outside the court between the parties.

¶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.

¶6It appears that the delay of 62 days in preferring the connected appeal is sufficiently explained in paragraph Nos. 4 – 6 and the said delay is not intentional but circumstantial and therefore, this court is inclined to allow the petition.

¶7In terms of above, this I.A. stands disposed of.

¶8Accordingly, the Registry shall register the connected appeal and list the same before this court as soon as practicable.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010260222024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3916/2024o UNITEDoINDIAoINSURANCEoCOMPANYoLTDo HAVINGoITSoREGISTEREDoANDoHEADoOFFICEoATo24,oWHITESoROAD,o CHENNAIo600014oANDoITSoREGIONALoOFFICEoAToCHIBBARoHOUSE,o1STo FLOOR,oG.SoROAD,oNEARoDISPURoPOo,oGUWAHATIo781005,oREPRESENTEDo BBYoREGIONALoMANAGERoGUWAHATIoREGIONALoOFFICE VERSUSo ANJALIoPATGIRIoANDo6oORSo W/OoLATEoAMULYAoPATGIRI,o RESIDENToOFoVILLAGEoCHAIKATA,oPOoSINGRA,oBOKO,oDISToKAMRUPo ASSAMo7811123 2:SRIoBIKIoPATGIRI oS/OoLATEoAMULYAoPATGIRI oRESIDENToOFoVILLAGEoCHAIKATA oPOoSINGRA oBOKO oDISToKAMRUPoASSAMo7811123 3:SRIoLUCKYoPATGIRI oS/OoLATEoAMULYAoPATGIRI oRESIDENToOFoVILLAGEoCHAIKATA oPOoSINGRA oBOKO oDISToKAMRUPoASSAMo7811123 4:SRIoJAGAToPATGIRI oS/OoLATEoAMULYAoPATGIRI oRESIDENToOFoVILLAGEoCHAIKATA oPOoSINGRA oBOKO oDISToKAMRUPoASSAMo7811123 Page No.# 2/3 5:SMTI PROMILA PATGIRI W/O LATE RAMCHARAN PATGIRI RESIDENT OF VILLAGE CHAIKATA PO SINGRA BOKO DIST KAMRUP ASSAM 7811123 6:SMTI RUBI SINGH DAS W/O SRI DIPEN DAS RESIDENT OF BULARPAR TATIPARA PO AZARA DIST KAMRUP M ASSAM 7:SRI RAKESH UDDIN AHMED S/O SAUKAT ALI RESIDENT OF AMBARI PS TAMULPUR PO KUMARIKATA DIST BAKSA BTAD ASSA Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : MR. R GOSWAMI (r-1,2), BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN