NATIONAL INSURANCE COMPANY LTD v. MD MAINUDDIN ALI and 5 ORS
I.A.(Civil)/1006/2025 · 2025-05-27
Budi Habung
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20378 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20378 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010230072024
2025:GAU-AS:6857
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1006/2025 NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA AND ONE OF THE REGIONAL OFFICE KNOWN AS GUWAHATI REGIONAL OFFICE, G.S. ROAD, BHANGAGARH, GUWAHATI 5 AND OE OF ITS BRANCH OFFICE AT SIVASAGAR. VERSUS MD MAINUDDIN ALI and 5 ORS S/O MD. SIRAJATDIN ALI, R/O GHILAGURI, P.O. BETBARI, P.S. AND DIST.
SIVASAGAR, PIN 785640, ASSAM.
2:ON THE DEATH OF DEOKON DUTTA HIS LEGAL HEIRS AND 4 ORS NAMELY 2.1:SMT. GUNUMONI DUTTA W/O LATE DEOKAN DUTTA 2.2:PROMOD DUTTA S/O LATE DEOKON DUTTA 2.3:BULL DUTTA S/O LATE DEOKON DUTTA.
2.4:SMT. PURNIMA DUTTA BORAH D/O LAE DEOKON DUTTA 2(A) - 2(D) ALL ARE R/O BRAHMIN GAON P.O. KONWAPUR
Page No.# 2/3 P.S. SIVASAGAR DIST. SIVASAGAR PIN 785667 ASSAM.
3:NITYANANDA GOHAIN S/O SRI MOHENDRA GOHAIN R/O GHILAMARA LAKHIMPUR P.O. AND P.S. GHILAMARA DIST LAKHIMPUR PIN 787053 ASSAM Advocate for the Petitioner : MR. R K BHATRA, MS P HUJURI Advocate for the Respondent : ,
BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 28-05-2025 Heard Ms. A. Biyani, learned counsel for the applicant. This is an application filed under section 5 of the Limitation Act for condoning the delay of 99 days in filing the application for setting aside abatement and substitution of the legal heirs and representatives of the deceased opposite party no. 2 in I.A.(C) No. 3780/2017 in MAC Appeal No. 576/2017. The ground for delay in filing the connected application has been explained in paragraphs 2 to 6 of the condonation petition. Upon hearing the parties and on consideration of the ground stated in
Page No.# 3/3 the above paragraphs, this Court is of the opinion that the applicant was prevented by a sufficient cause for not filing the connected application within the stipulated time. Mr. A. R. Shome, the learned counsel for the respondent/claimant is also present and has no objection to the condonation of delay of 99 days. In view of the above, the delay of 99 days in filing the connected application is hereby condoned. With the above, this IA stands disposed of. JUDGE Comparing Assistant