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2025 DAILYLAW 21564 (GAU)

ORIENTAL INSURANCE COMPANY LTD v. MUKUL CHANDRA SAIKIA AND ANR.

I.A.(Civil)/573/2024 · 2025-04-22

Budi Habung

body2025

Judgment text

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Page No.# 1/3 GAHC010261772023 2025:GAU-AS:4823 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/573/2024 ORIENTAL INSURANCE COMPANY LTD A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI, GS ROAD, ULUBARI GUWAHATI 781001 REP. BY THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI 781007 VERSUS MUKUL CHANDRA SAIKIA AND ANR. S/O LATE DEBEKANTA SAIKIA RESIDENT OF VILLAGE BARHAMPUR NEDHARGAON, PO BARHAMPUR, PS SADAR, DIST NAGAON, ASSAM 782102 2:UOYSHREE SAIKIA D/O MUKUL SAIKIA RESIDENT OF VILLAGE BARHAMPUR NEDHARGAON PO BARHAMPUR PS SADAR DIST NAGAON ASSAM 78210 Advocate for the Petitioner : MS. R D MOZUMDAR, MS. C MOZUMDAR,MR. S P SHARMA Advocate for the Respondent : MR D MONDAL(R-1), Linked Case : ORIENTAL INSURANCE COMPANY LTD Page No.# 2/3 VERSUS MUKUL CHANDRA SAIKIA AND ANR. A ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for MUKUL CHANDRA SAIKIA AND ANR. A BEFORE HON’BLE MR. JUSTICE BUDI HABUNG O R D E R 23.04.2025 Heard Ms. R.D. Mozumdar, learned counsel for the applicant. Also heard Mr. D. Mondal, learned counsel for the respondent no.1. This is an application under Section 173(1) of the Motor Vehicle Act, 1988 read with Section 5 of the Limitation Act, 1963 for condoning the delay of 37 days in preferring the connected appeal. The grounds of delay in preferring the appeal have been explained in paragraph nos. 3, 4, 5 6 and 7 of the petition. Upon hearing the parties and 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 37 days. In view of above, the delay of 37 days in preferring the connected appeal is condoned. With the above observation, the application stands allowed and disposed of. Page No.# 3/3 Accordingly, the Registry is directed to register the appeal and list for admission by showing the name of Mr. D. Mondal, as learned counsel for the respondent no.1. JUDGE Comparing Assistant