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2025 DAILYLAW 12612 (GAU)

NEW INDIA ASSURANCE COMPANY LIMITED v. PIRANG LOHHAM AND 2 ORS

I.A.(Civil)/1600/2025 · 2025-09-23

Mitali Thakuria

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010104732025 2025:GAU-AS:13220 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1600/2025 in MAC APP No. 4950/2025 (Filing Number) NEW INDIA ASSURANCE COMPANY LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REP BY ITS REGIONAL MANAGER BHANGAGARH GHY-05. VERSUS PIRANG LOHHAM AND 2 ORS W/O. SRI HONLOH LOHHAM, R/O VILL. RUSA, PO AND PS. KANUBARI, DIST. LONGDING, ARUNACHAL PRADESH, PIN-792130. 2:SANTU KAKATI S/O. TANGKESWAR KAKATI R/O GOMARI PS. BEBEJIA DIST. SONITPUR ASSAM PIN-782142. 3:EASY TRAVELS DOIMUKH PAPUMPARE ARUNACHAL PRADESH PIN-791111 Advocate for the Petitioner : MS L SHARMA, Advocate for the Respondent : MR R J GOSWAMI (R-1), MR ADITYA AGARWALA(R-1),MR. A R AGARWALA(R-1) Page No.# 2/3 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 24-09-2025 Heard Ms. L. Sharma, learned counsel for the applicant/appellant and Mr. A. R. Agarwala, learned counsel for the respondent No.1 2. This is an application under Section 5 of the Limitation Act, for condonation of delay of 37 days in preferring the connected appeal against the judgment and award dated 16.12.2024, passed by the learned Member, MACT, Dibrugarh in MAC Case No. 56/2019. 3. It is submitted by Ms Sharma, learned counsel that they have explained the delay in paragraphs 3, 4 and 5, wherein the delay occurred basically in observing some official formalities, in obtaining the certified copy, engaging the counsel and also in preparing the appeal. 4. Mr. Agarwala, learned counsel has no objection in condoning the delay in preferring the connected appeal 5. Heard the submissions of the learned counsel for the parties, and I have also perused the case record, and it is seen that the delay of 37 days is well explained in paragraphs 3, 4 and 5 of the instant petition, which found to be quite reasonable and justified and considering this aspect of the case and also for the ends of justice, the delay of 37 days in preferring the appeal is hereby condoned. 6. This interlocutory application is accordingly disposed of. 7. Registry is directed to register and number the connected appeal and to Page No.# 3/3 list the same after the puja vacation, on a date to be fixed by it. 8. Registry is also directed to reflect the name of Mr. A. R. Agarwala, learned counsel for the respondent No.1 in the cause list after registering the connected appeal. JUDGE Comparing Assistant