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2025 DAILYLAW 24891 (GAU)

TATA AIG GENERAL INSURANCE CO. LTD v. TUHINA YUHID AND 2 ORS.

I.A.(Civil)/1549/2024 · 2025-12-07

Yarenjungla Longkumer

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010017912024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1549/2024 TATA AIG GENERAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT PENISULA CORPORATE PARK, NICOLAS PIRAMAL TOWER 9TH FLOOR, GANPATRO KADAM MARG, MUMBAI, PIN- 400013, ZONAL OFFICE AT CONSTANTIA OFFICE COMPLEX, 2ND FLOOR, 11, DR U.N. BRAHMACHARI STREET, KOLKATA- 700017 AND BRANCH OFFICE AT ABC, G.S. ROAD GUWAHATI- 781005. VERSUS TUHINA YUHID AND 2 ORS. W/O LATE JAHIRUL ISLAM, VILL.- KAPALKATA, P.S.- SONAPUR, DIST.- KAMRUP (M), PIN- 782401. 2:SUBITA BEGUM D/O MASDDAR ALI R/O SANKAR PATH P.O. AND P.S.- NAGAON DIST.- NAGAON (ASSAM) PIN- 782001. 3:BULBUL HUSSAIN S/O SAMSUL HAQUE VILL.- SONAPUR BALIGAON P.S.- SONAPUR DIST.- KAMRUP (ASSAM) PIN- 782401 Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : MR J MOLLAH (OP1), A. N. H PHOM (R2, R-3),MS. S P DAS Page No.# 2/3 (OP1),MRS. A BHANU (OP1) BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 08-12-2025 Heard learned counsel for the applicant Mr. R. Goswami. Also heard Mr. J. Mollah, the learned counsel for respondent no. 1 and Mr. A.N.H. Phom, the learned counsel for respondent nos. 2 & 3. 2. The present application has been filed u/s 5 of the Limitation Act praying for condonation of delay of 2 days in filing the connected MAC Appeal which has been filed against the impugned judgment & order dated 09.08.2023 passed by the learned learned Member, MACT, Kamrup (M) in MAC Case No. 2393/2019. 3. This present application has been filed by the applicant with the reason that the Judgment & Award was passed on 09.08.2023 and the last date of filing the appeal is 08.11.2023. The legal opinion of the dealing advocate along with the certified copy of the judgment & award was received by the dealing office of the appellant company on 28.08.2023. After obtaining the approval for filing an appeal against the Judgment & Award the appellant requested the panel advocate on 25.10.2023 to file an appeal. However there was delay in receipt of the cheque for the statutory deposit and as such the appeal could be filed on 10.11.2023. Accordingly there is delay of 2 days in filing the connected appeal. 4. This Court is of the view that sufficient cause has been shown and therefore the delay of 2 days is condoned. 5. The application is allowed. Page No.# 3/3 6. Registry is directed to register the connected MAC Appeal and list the same for Admission Hearing on 15.12.2025. 7. The counsel for the appellant shall supply copy of the Appeal Memo on the counsel for the opposite-parties. JUDGE Comparing Assistant