Research › Search › Judgment

Gauhati High Court · body

2024 DAILYLAW 2353 (GAU)

NEW INDIA ASSURANCE CO LTD v. NITU DEVI GIRI AND 6 ORS

I.A.(Civil)/3777/2024 · 2026-08-06

Yarenjungla Longkumer

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010247112024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3777/2024 NEW INDIA ASSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICES AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, GUWAHATI 781005, NEAR HANUMAN MANDIR. VERSUS NITU DEVI GIRI AND 6 ORS W/O LATE PRADIP GIRI, RESIDENT OF JAGUN KOTHA SEMA VILLAGE, PO JAGUN, PS LEKHAPANI, DIST TINSUKIA, ASSAM 786188 2:MISS PRIYA KUMARI D/O LATE PRADIP GIRI RESIDENT OF JAGUN KOTHA SEMA VILLAGE PO JAGUN PS LEKHAPANI DIST TINSUKIA ASSAM 786188 3:SRI BIBEK KUMAR GIRI S/O LATE PRADIP GIRI RESIDENT OF JAGUN KOTHA SEMA VILLAGE PO JAGUN PS LEKHAPANI DIST TINSUKIA ASSAM 786188 4:MISS TANU KUMARI GIRI Page No.# 2/4 D/O LATE PRADIP GIRI RESIDENT OF JAGUN KOTHA SEMA VILLAGE PO JAGUN PS LEKHAPANI DIST TINSUKIA ASSAM 786188 5:SRI NABIN CHUTIA S/O SRI MONTU CHUTIA RESIDENT OF 1 NO. DOOMAR DOLLONG PO BAMUNBARI DIBRUGARH PS MORAN DSIT DIBRUARH ASSAM 786613 6:M/S FRIENDS TRANSPORT AND AGENCY REPRESENTED BY ITS PROPRIETOR SRI UMA SHANKAR SINGH RESIDENT OF WARD NO. 29 BEHORBARI BASISTHA PO BASISTHA DIST KAMRUP M ASSAM 781029 7:SRI DEEP DEY S/O ASHUTOSH DEY RESIDENT OF TIPONG TOWNSHIP PO TIPONG PS LEKHAPANI DIST TINSUKIA ASSAM 78617 Advocate for the Petitioner : MR. K K BHATTA, MRS L SHARMA Advocate for the Respondent : MR. S R GOGOI(R1,2,3), Linked Case : MACApp. No. 13980/2024 (Filing Number) NEW INDIA ASSURANCE CO LTD Page No.# 3/4 VERSUS NITU DEVI GIRI AND 6 ORS ------------ Advocate for : MR. K K BHATTA Advocate for : appearing for NITU DEVI GIRI AND 6 ORS Linked Case : I.A. (Civil) No. 13981/2024 (Filing Number) NEW INDIA ASSURANCE CO LTD VERSUS NITU DEVI GIRI AND 6 ORS ------------ Advocate for : MR. K K BHATTA Advocate for : appearing for NITU DEVI GIRI AND 6 ORS BEFORE HON’BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 07/08/2026 The instant application under Section 5 of the Limitation Act, has been filed by the applicant/appellant, praying for condonation of delay of 09 days, in filing the connected appeal against the judgment & award dated 18.07.2024, passed by the learned Member, MACT, Margherita, in MACT Case Page No.# 4/4 No. 12/2020. 2. Heard Mr. K K Bhatta, learned counsel for the applicant/appellant and Mr. S R Gogoi, learned counsel for the respondent Nos. 1, 2 and 3. 3. The Court has perused the application and finds that the main reasons for the delay have been set out at paragraph Nos.-3, 4 & 5 of the application. 4. This Court finds that the delay of 09 days has been sufficiently explained and therefore, the application is allowed and the delay of 09 days is condoned. 5. The Registry shall register the main appeal and list the same for admission on 26.08.2026. 6. The applicant/appellant shall supply a copy of the appeal memo on the learned counsel for the respondent Nos. 1, 2 & 3. 7. The Registry is also directed to reflect the name of Mr. S R Gogoi, as learned counsel, appearing for the respondent Nos. 1, 2 & 3 in the cause list. JUDGE Comparing Assistant