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2025 DAILYLAW 14865 (GAU)

M/S NEW INDIA ASSURANCE CO. LTD. v. SMTI MINU SAIKIA

I.A.(Civil)/2680/2017 · 2025-05-08

Devashis Baruah

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010137042017 2025:GAU-AS:5885 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2680/2017 M/S NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, AT GUWAHATI VERSUS SMTI MINU SAIKIA W/O LATE NIRMAL SAIKIA, R/O VILL-KAMARIGAON, PS-RANGAPARA, DIST. SONITPUR, PIN-784505, ASSAM 2:MISS CHINMOYEE SAIKIA D/O LATE NIRMAL SAIKIA R/O VILLAGE-KAMARIGAON PS-RANGAPARA DIST. SONITPUR PIN-784505 ASSAM 3:MD. JAHARUDDIN ALI S/O TAHAB ALI R/O A.T. ROAD HOIBORGAON PS and DIST. NAGAON PIN-782002 ASSAM 4:MD. SUNDAR ALI S/O ANDUL KUDDUS R/O VILLAGE-KOIMARI PS and DIST. MORIGAON PIN-782105 Page No.# 2/3 ASSA For the applicant (s) : Mr. K. K. Bhatta, Advocate For the respondent (s) : Mr. A. N. Iqbal, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 09.05.2025 This is an application filed under Section 5 of the Limitation Act, 1963 for condoning the delay of 30 days in preferring the appeal against the judgment and award dated 28.03.2017 passed in MAC Case No.1267/2012 by the learned Member, MACT, Kamrup (M) at Guwahati whereby an amount of Rs. 16,05,000/- along with interest @ 6% per annum has been awarded in favour of the claimants. 2. It is seen that service is duly complete. Further to that, taking into account the reasons which have been assigned in paragraph Nos.3, 4, 5 & 6, it is the opinion of this Court that the delay of 30 days has been duly explained. 3. Considering the above, the delay of 30 days is condoned. 4. Accordingly, the I.A. stands allowed. Page No.# 3/3 5. The Registry is directed to register the accompanying Appeal as well as the Interlocutory Application and list the matters before this Court. JUDGE Comparing Assistant