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2025 DAILYLAW 15872 (GAU)

NEW INDIA ASSURANCE COMPANY LTD v. RIJUWANA SULTANA @ REZUWANA SULTANA AND ANR A

I.A.(Civil)/2488/2024 · 2025-05-20

Robin Phukan

body2025

Judgment text

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Page No.# 1/4 GAHC010153472024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2488/2024 NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED AND HEAD OFFICE AT NEW DELHI ASSURANCE BUILDING, 87, MAHATMA GANDHI ROAD, FORT MUMBAI-400001 AND REGIONAL OFFICE AT G. S ROAD, GUWAHATI-5, REPRESENTED BY THE CHIEF REGIONAL MANAGER. VERSUS RIJUWANA SULTANA @ REZUWANA SULTANA AND ANR A W/O. DILDAR HUSSAIN, VILL. LAHARIGHAT, P.S. LAHARIGHAT, DIST. MORIGAON, ASSAM. 2:MD. HARUN AL RASHID S/O. MD. JONAB ALI R/O. SARU RADHA ATI P.S. DHING DIST. NAGAON ASSAM Advocate for the Petitioner : MR. S DUTTA, MS S MOCHAHARI Advocate for the Respondent : MR. M TALUKDAR (R-1), Linked Case : NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED AND HEAD OFFICE AT NEW DELHI ASSURANCE BUILDING Page No.# 2/4 87 MAHATMA GANDHI ROAD FORT MUMBAI-400001 AND REGIONAL OFFICE AT G. S ROAD GUWAHATI-5 REPRESENTED BY THE CHIEF REGIONAL MANAGER. VERSUS RIJUWANA SULTANA @ REZUWANA SULTANA AND ANR A W/O. DILDAR HUSSAIN VILL. LAHARIGHAT P.S. LAHARIGHAT DIST. MORIGAON ASSAM. 2:MD. HARUN AL RASHID S/O. MD. JONAB ALI R/O. SARU RADHA ATI P.S. DHING DIST. NAGAON ASSAM. ------------ Advocate for : MR. S DUTTA Advocate for : appearing for RIJUWANA SULTANA @ REZUWANA SULTANA AND ANR A BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 21.05.2025 Heard Mr. S. Dutta, learned counsel for the applicant. Also heard Mr. M. Talukdar, learned counsel for respondent No. 1. Office note dated 17.05.2025 indicates that service upon respondent No. 2 has been completed. However, the respondent No. 2 remained unrepresented today. This Interlocutory Application is preferred for condonation of delay of 66 days in filing the connected appeal against and judgment and order dated 03.02.2024, passed by the learned Member, M.A.C.T, Nagaon in M.A.C.T Case Page No.# 3/4 No. 20/2021. Mr. S. Dutta, learned counsel for the applicant, submits that the appeal could not be filed on time as there was delay in obtaining approval from the Regional Office and also in getting the certified copy of the judgment and award, dated 16.02.2024, and the delay is not intentional, rather it is circumstantial and therefore, it is contended to condone the same. Mr. M. Talukdar, learned counsel for respondent No. 1 submits that he has no objection in the event of condoning the delay of 66 days in filing the appeal. Having heard the submissions of learned counsel for both the parties I have carefully gone through the petition and documents placed on record and also the grounds mentioned in paragraph No. 5 of the application. Taking note of the submissions of learned counsel for both the parties and also taking note of the grounds mentioned in paragraph No. 5, this Court is of the view that the delay of 66 days in filing the connected appeal is sufficiently explained and therefore, the delay of 66 days in filing the connected appeal stands condoned. In terms of the above, this Interlocutory Application stands disposed of. In view of the order passed in the I/A, the Registry shall now register the appeal and list the same. Mr. M Talukdar, learned counsel for respondent No. 1 submits that his name is not reflected in the appeal, as such direction may be issued to the Registry to include his name in the appeal. Prayer stands allowed. Registry shall do the needful. JUDGE Page No.# 4/4 Comparing Assistant