Research › Search › Judgment

Gauhati High Court · body

2024 DAILYLAW 2151 (GAU)

MAMTAJ BEGUM AND 4 ORS v. UNITED INDIA INSURANCE COMPANY LTD

I.A.(Civil)/3025/2024 · 2026-05-10

Mridul Kumar Kalita

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010198362024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3025/2024 MAMTAJ BEGUM AND 4 ORS W/O. LATE SANOWAR HUSSAIN 2: MOMINUL HUSSAIN S/O. LATE SANOWAR HUSSAIN 3: AMINUL HUSSAIN S/O. LATE SANOWAR HUSSAIN 4: SAHANARA KHATUN D/O. LATE SANOWAR HUSSAIN 5: ANOYARA BEWA W/O. AMJAD ALI ALL ARE RESIDENT OF VILL. KAHIBARI P/O. KIRTONPARA P/S. ABHAYAPURI DIST. BONGAIGAON ASSAM. (THE APPELLANT NO.2 3 AND 4 ARE MINOR AND AS SUCH REPRESENTED BY THE APPELLANT NO.1 MOTHER VERSUS UNITED INDIA INSURANCE COMPANY LTD REPRESENTED BY THE DIVISIONAL MANAGER, BONGAIGAON DIVISION, BONGAIGAON, P/O. AND DIST. BONGAIGAON, ASSAM, PIN-783380. Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Page No.# 2/3 Advocate for the Respondent : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR Linked Case : MAMTAJ BEGUM AND 4 ORS VERSUS UNITED INDIA INSURANCE COMPANY LTD E ------------ Advocate for : MR. M KHAN Advocate for : appearing for UNITED INDIA INSURANCE COMPANY LTD E BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.05.2026 Heard Mr. M. Khan, the learned counsel for the applicant. Also, heard Ms. M. Saikia, the learned counsel for the respondent, Insurance Company. 2. This application under Section 5 of the Limitation Act has been filed by the applicants praying for condonation of delay of 26 days in filing the connected MAC Appeal. The reasons for delay have been mentioned in paragraph Nos. 4 & 5 of the instant interlocutory applications. 3. Considering the grounds shown by the applicant, the learned counsel for the insurance company has raised no objection against the prayer for Page No.# 3/3 condonation of delay. 4. I have gone through the grounds stated in the instant interlocutory application, same appears to be sufficient cause which prevented the applicants from approaching this court by filing the connected appeal within the prescribed period of limitation. Hence, the delay of 26 days in filing the connected appeal is hereby condoned and this interlocutory application is accordingly allowed. 5. The Registry is directed to register the connected MAC Appeal and list the same for admission after a week on a day to be fixed by it. 6. Name of Ms. M. Saikia, may be reflected in the Cause List as engaged counsel for respondent No. 1, Insurance Company henceforth. JUDGE Comparing Assistant