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2025 DAILYLAW 21432 (GAU)

ORIENTAL INSURANCE COMPANY LTD. v. MUNI DEVI AND ANR.

I.A.(Civil)/578/2024 · 2025-04-20

Budi Habung

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Judgment text

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Page No.# 1/3 GAHC010258742023 2025:GAU-AS:4728 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/578/2024 ORIENTAL INSURANCE COMPANY LTD. A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI GS ROAD, ULUBARI,, GUWAHATI 781007 REPRESENTED BY THE DEPUTY MANAGER, REGIONAL OFFICE, ULUBARI, GUWAHATI 781005 VERSUS MUNI DEVI AND ANR. W/O SRI RADHESHYAM CHAUHAN RESIDENT OF VILLAGE KHARIKHANA, MANDULI LANKA, PO LANKA, DIST HOJAI, ASSAM 782446 2:CALCOM CEMENT INDIA LIMITED PIPAL PUKHURI LANKA PO LANKA DIST HOJAI ASSAM 78244 Advocate for the Petitioner : MS. R D MOZUMDAR, MS. C MOZUMDAR,MR. S P SHARMA Advocate for the Respondent : MR. F A HASSAN (r-1), MD E AHMED (r-1) Linked Case : ORIENTAL INSURANCE COMPANY LTD. Page No.# 2/3 VERSUS MUNI DEVI AND ANR. E ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for MUNI DEVI AND ANR. E BEFORE HON’BLE MR. JUSTICE BUDI HABUNG O R D E R 21.04.2025 Heard Ms. R.D. Mozumdar, learned counsel for the applicant. Also heard Mr. F.A. Hassan, learned counsel appearing on behalf of the respondent no.1. Notice upon the respondent no.2 was effected by registered post with A/D on 21.06.2024 by way of registered post as well as by usual process. However, no one appears on behalf of the respondents. In view of above, notice upon the respondent is deemed to be complete. This is an application under Section 5 of the Limitation Act for condoning the delay of 17 days in preferring the connected appeal against the judgment and order dated 19.08.2023, passed by the Assistant Labour Commissioner cum Commissioner for the Employees Compensation, Nagaon, Assam in NEC Case No. 17/2022. The grounds of delay in preferring the connected appeal are stated in Page No.# 3/3 paragraph nos. 3, 4 and 5 of the petition. On perusal of the grounds stated in the above paragraphs, this Court is satisfied that the applicant was prevented by sufficient cause in preferring the connected appeal within the stipulated time. Moreover, the respondent/opposite party No.1 has no objection for condonation of delay of 17 days. In view of above, the delay of 17 days in preferring the connected appeal is hereby condoned. With the above observation, the interlocutory application stands allowed and disposed of. Accordingly, the Registry is directed to register the appeal and list for admission. JUDGE Comparing Assistant