M/S UNITED INDIA INSURANCE COMPANY LTD. v. JAY NARAYAN BASUMATARY AND 5 ORS.
I.A.(Civil)/2220/2021 · 2026-07-28
Mridul Kumar Kalita
body2021
DailyLaw.ai
[ 2021 DAILYLAW 942 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2021 DAILYLAW 942 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010218622021
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2220/2021 M/S UNITED INDIA INSURANCE COMPANY LTD. REGIONAL OFFICE, G.S. ROAD, GUWAHATI-5. VERSUS JAY NARAYAN BASUMATARY AND 5 ORS. S/O- LACHIT BASUMATARY, VILL.- KARTIBARI SARAIBIL, P.S.
GOSSAIGAON, DIST.- KOKRAJHAR, BTAD, ASSAM, PIN- 783360. 2:SANDANA BASUMATARY S/O- LATE LACHIT BASUMATARY VILL.- GURTASBARI SARAIBIL P.S. GOSSAIGAON DIST.- KOKRAJHAR BTAD ASSAM PIN- 783360. 3:MOSSTT. HASNA BEWA W/O- LATE ASURUDDIN SK. R/O- VILL. NO. 2 BHAMRABIL P.S. GOSSAIGAON DIST- KOKRAJHAR BTAD ASSAM PIN- 783360. 4:MOSTT. MAHIRAN BEWA W/O- LATE ASURUDDIN SK. R/O- VILL. NO. 2 BHAMRABIL P.S. GOSSAIGAON DIST- KOKRAJHAR
Page No.# 2/4 BTAD ASSAM PIN- 783360. 5:BASIRAN KHATUN D/O- LATE ASURUDDIN SK. R/O- VILL. NO. 2 BHAMRABIL P.S. GOSSAIGAON DIST- KOKRAJHAR BTAD ASSAM PIN- 783360. 6:MD. REJAUL ISLAM SK S/O- LATE ASURUDDIN SK. R/O- VILL. NO. 2 BHAMRABIL P.S. GOSSAIGAON DIST- KOKRAJHAR BTAD ASSAM PIN- 783360 Advocate for the Petitioner : MR. M DUTTA, MR J MAHANTA,MR. D J BORAH Advocate for the Respondent : MR. S ISLAM (r-1), S I AKAND(R3,6),MS S R MAZARBHUIYA (R3,4,6),MR A HAWARI (r-1) In MACApp. Case No. 9577/2021 WITH MACApp. Case No. 9577/2021 (Filing Number)
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 29.07.2026
1. Heard Mr. L. Deka, the learned counsel for the applicant. Also heard Mr. S. Islam, the learned counsel appearing for the respondent No. 1 as well as Mr. S.I. Akand, the learned counsel appearing for respondent Nos. 3 to 6. Page No.# 3/4
2. On perusal of the records, it appears that the AD Cards sent, along with notice issued to respondent No. 2 has returned with endorsement on the receiver thereon. As such, the notice is held to be duly served. 3. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant/insurance company praying for condonation of delay of 50 days in preferring the connected appeal. 4. The learned counsel for the applicant submits that reasons for delay in preferring the connected appeal has been mentioned in paragraph Nos. 2 and 3 of the instant interlocutory application. 5. The learned counsel for the opposite parties has not raised any objection considering the grounds stated in the interlocutory application. 6.
After going through the reasons stated in the instant interlocutory application, this court is of the considered opinion that same may be regarded as sufficient reasons which prevented the present applicant in preferring the connected appeal within the prescribed period of limitation, as such, the delay of 50 days in preferring the connected appeal is hereby condoned and this interlocutory application is allowed. 7. Registry is to register the connected MAC Appeal and list the same for admission after a week, on a date to be fixed by the Registry. 8. The name of Mr. S. Islam and Mr. S.I. Akand, may be reflected as engaged counsel for respondent No. 1 as well as respondent Nos. 3 to 6 in the cause-list henceforth. JUDGE
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