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2025 DAILYLAW 21793 (GAU)

ORIENTAL INSURANCE COMPANY LIMITED v. PUTUL BHUMIJ AND ORS

I.A.(Civil)/227/2025 · 2025-08-25

Budi Habung

body2025

Judgment text

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Page No.# 1/3 GAHC010267032024 2025:GAU-AS:11357 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/227/2025 ORIENTAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI ROAD, NEW DELHI-110002, AND REGIONAL OFFICE AT GUWAHATI-7, REP. BY THE REGIONAL MANAGER. VERSUS PUTUL BHUMIJ AND ORS W/O. LT. BROJEN BHUMIJ, D/O.LT. JUGAL TANTI, PRESENTLY RESIDING AT BASHBARI GAON, P/O. HIJUGURI, P/S. AND DIST. TINSUKIA, ASSAM, PERMANENT RESIDENTOF UDALGURI TEA ESTATE, PURANA LINE, P/O. PANITOLA, P/S. CHABUA, DIST. DIBRUGARH, ASSAM. 2:RUP CHAND KARMAKAR S/O. RAM PRASAD KARMAKAR R/O. LINE NO. 7 MAKUM P/O. MAKUM P/S. MAKUM DIST. TINSUKIA ASSAM. 3:ROSAN KARMAKAR S/O. LT. HARI CHAN KARMAKAR R/O. DINJAN TEA ESTATE PAKA LINE P/O. PANITOLA P/S. AND DIST. TINSUKIA ASSAM Advocate for the Petitioner : MR SISHIR DUTTA, MR S DUTTA,MS S MOCHAHARI,MR. S DUTTA,MR S DUTTA Advocate for the Respondent : MR B PUSHILAL (R-1), MS. M. G. BISWAS(R-1) Page No.# 2/3 Linked Case : ORIENTAL INSURANCE COMPANY LIMITED VERSUS SMTI PUTUL BHUMIJ AND ORS ------------ Advocate for : MR SISHIR DUTTA Advocate for : appearing for SMTI PUTUL BHUMIJ AND ORS BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 26.08.2025 Heard Mr. S. Dutta, learned senior counsel, assisted by Ms. K. Borah, learned counsel, appearing on behalf of the applicant Insurance Company. This is an application preferred by the applicant Insurance Company under Section 173 second proviso of the Motor Vehicle Act, 1988, read with Section 5 of the Limitation Act, 1963, praying for condonation of delay of 12 days in preferring the connected appeal. The reasons for delay in not filing the connected appeal within the stipulated time, have been explained by the applicant in paragraph No. 4 of the application. On perusal of the explanation given in the above-noted paragraph; this Court is satisfied that the applicant was prevented by a sufficient cause in preferring the connected appeal on time. That apart, Mr. S. Nath, and Ms. M. G. Biswas, learned counsels, appearing for the Opposite Party No. 1, have no objection for such condonation of delay. Page No.# 3/3 In view of the above; the delay of 12 days in preferring the connected appeal, deserves to be condoned. It is hereby, accordingly, condoned. The interlocutory application stands allowed and accordingly, stands disposed of. Mr. Dutta, learned senior counsel, has expressed some urgency in the matter on the ground that the Opposite Party No. 1 has filed an execution petition before the learned trial Court and has, therefore, prayed that the matter be listed on 28th of August, 2025. Prayer is accepted. In view of the above, Registry shall immediately register the connected appeal and list it for admission hearing on 28th of August, 2025. JUDGE Comparing Assistant