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2025 DAILYLAW 18171 (GAU)

THE NEW INDIA ASSURANCE CO LTD v. DIPA KALITA AND 2 ORS

I.A.(Civil)/3028/2024 · 2025-02-11

Marli Vankung

body2025

Judgment text

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Page No.# 1/3 GAHC010190272024 2025:GAU-AS:1417 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3028/2024 THE NEW INDIA ASSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REPRESENTED BY ITS REGIONAL MANAGER, G.S. ROAD, GUWAHATI-7 VERSUS DIPA KALITA AND 2 ORS D/O. LATE KHARGESWAR KALITA, R/O. VILL.- RAMPUR(JOYPARA), P/O.- RAMPUR, P/S.- PALASBARI, DIST.- KAMRUP, ASSAM-781132, MB. NO.- 9706545292 2:SRI. PANCHDEU SINGH S/O. LATE SHIVA SINGH R/O.- A-17/16 SECTOR 18 ROHINI DELHI P/O. AND P/S.- ROHINI NEW DELHI-110089 3:SRI DEWAN SINGH S/O. LATE SHIV SINGH R/O. JALABAD P/O. AND P/S. JALABAD DIST. SHAHIJANPUR UTTER PRADESH-24222 Advocate for the Petitioner : MR. A ACHARYA, MRS B ACHARYA,MRS S ACHARYA Advocate for the Respondent : MR. J SARMAH (R-1), Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER Date : 12.02.2025 Heard Mr. A. Acharya, learned counsel for the applicant along with Mr. J. Sarmah, learned counsel for the respondent no.1 The instant application is filed for condoning a delay of 12 days in preferring the connected MAC Appeal against the judgment & order dated 31.05.2024 in MAC Case No.2071/2017 passed by the learned Member, MACT No.1, Kamrup (M), Guwahati. The learned counsel for the applicant submits that the delay of 12 days in filing the appeal against the said impugned judgment & order has been explained in paragraphs 3 to 7 of the application. The learned counsel for the respondent no.1/claimant submits that he will not be filing any objection to the application for the condonation of 12 days delay. Having heard the submissions made by the learned counsel for both the parties, this Court finds that though service of notice upon respondents no.2 and 3 have not been received till dated, since the appeal is with regard to the quantum of the award made by the learned Tribunal and since the claimant has been duly represented, the presence of the respondents no.2 and 3 may not be necessary in the instant condonation application. On perusal of the paragraphs 3 to 7 of the application, this Page No.# 3/3 Court is satisfied with the reasons given for the delay of 12 days in filing the connected appeal against the judgment & order dated 31.05.2024 in MAC Case No.2071/2017 passed by the learned Member, MACT No.1, Kamrup (M), Guwahati. Accordingly, I.A.(Civil)/3028/2024 stands allowed and disposed of. On the disposal of the said I.A., the connected MACApp/10687/2024 to be given registration number and be listed for admission. List the matter after 3 (three) weeks on a date to be fixed by the Registry. JUDGE Comparing Assistant