BHASKAR JYOTI KALITA v. JOGESH CHANDRA KALITA AND ANR.
I.A.(Civil)/2929/2022 · 2026-02-22
Mridul Kumar Kalita
body2022
DailyLaw.ai
[ 2022 DAILYLAW 1537 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2022 DAILYLAW 1537 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010196152022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2929/2022 BHASKAR JYOTI KALITA S/O SRI PARESH KALITA, RESIDENT OF DILIP HAJORI PATH, FATASHIL AMBARI, PS FATASHIL AMBARI, GUWAHATI, KAMRUP M ASSAM VERSUS JOGESH CHANDRA KALITA AND ANR.
S/O SRI PARESH CHANDRA KALITA FATASHIL AMBARI, PS FATASHIL AMBARI, GUWAHATI , KAMRUP M ASSAM 2:ORIENTAL INSURANCE COMPANY LIMITED REPRESENTED BY THE REGIONAL OFFICE ULUBARI GUWAHATI KAMRUP M ASSA Advocate for the Petitioner : MR. R GOSWAMI, MRS. S ROY,MS B RAJBONGSHI,Ms. J BARUAH Advocate for the Respondent : R KONWAR (R-1),
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 23.02.2026
1. Heard Ms. N. Das, learned counsel for the applicant.
2. None has appeared for the respondents though the service on the
Page No.# 2/2 respondents was complete as notice were duly served to them. An order to this effect was passed by this Court on 22.10.2025, therefore, this Court is proceeding ex-parte against the aforesaid respondents.
3. This interlocutory application has been filed by the applicant, namely, Bhaskar Jyoti Kalita praying for condonation of delay of 275 days in preferring the connected appeal whereby the appellant has impugned the judgment and award dated 03.08.2019 passed in MAC Appeal No. 209/2016 by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup(M), Guwahati.
4. I have gone through the reasons mentioned for the delay by the applicant in paragraph Nos. 2 to 4 of the instant interlocutory application.
5. After going through the said reasons, this Court is of the considered opinion that same may be regarded as sufficient cause which prevented the present applicant in approaching this Court by filing the connected appeal within the prescribed period of limitation.
6. Hence, this interlocutory application is allowed and the delay of 275 days in preferring the connected appeal is condoned.
7. The Registry is directed to register the connected appeal and list the same for admission after a week on a date to be fixed by it.
JUDGE Comparing Assistant