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2025 DAILYLAW 26108 (GAU)

NATIONAL INSURANCE CO. LTD. v. SEEMA NAYAK AND 2 ORS.

I.A.(Civil)/3524/2025 · 2025-11-09

Mitali Thakuria

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010220452025 2025:GAU-AS:15107 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3524/2025 NATIONAL INSURANCE CO. LTD. HAVING ITS REGD. OFFICE AT 3, MIDDLETON STREET, KOLKATA, AND ONE OF THE REGIONAL OFFICE AT GS ROAD BHANGARH GHY-5 VERSUS SEEMA NAYAK AND 2 ORS. W/O SRI GULMA NAYAK, R/O VILL.- KETELA TE LINE NO 6, PS BEHALI, DIST BISHWANATH, ASSAM 2:IDRIS ALI C/O RAHMAD ALI R/O VILL NONKEY DHEKIAJULI PS DHEKIAJULI DIST SONITPUR ASSAM 3:KARTIK SUTRADHAR S/O DULAL SUTRADHAR R/O VILL KEHERUKHUNDA PS DHEKIAJULI DIST SONITPUR ASSAM PIN-78411 Advocate for the Petitioner : MR. K K BHATTA, Advocate for the Respondent : , Page No.# 2/3 Linked Case : RP(FAM.CT.)/0/0 NATIONAL INSURANCE COMPANY LIMITED REGIONAL OFFICES KNOWN AS GHY REGIONAL OFFICE AT GS ROAD GHY VERSUS SEEMA NAYAK R/O VILL KETELA TE LINE NO 6 PS BEHALI 2:MD IDRIS ALI R/O VILL NONKEY DHEKIAJULI PS DHEKIAJULI 3:SRI KARTIK SUTRADHAR R/O VILL KEHERUKHUNDA PS DHEKIAJULI ------------ Advocate for : POOJA GOSWAMI Advocate for : appearing for SEEMA NAYAK BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 10-11-2025 Heard Ms. L. Sharma, learned counsel appearing on behalf of Mr. K. K. Bhatta, learned counsel for the applicant/appellant. This is an application filed under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 2 days in filing the connected appeal against the judgment and award dated 06.05.2025, passed in MAC Case No. 18/2016, by the learned Member, MACT, Biswanath Chariali. It is submitted by Ms. Sharma, learned counsel that for observing the official formalities there was a delay of 2 days in preferring the appeal. However, there is no laches or negligence on the part of the applicant/appellant in preferring the appeal with a delay of 2 days. Page No.# 3/3 Considering the days of delay and also considering the grounds mentioned in the petition, the delay of 2(two) days in preferring the connected appeal is hereby condoned. This interlocutory application accordingly stands disposed of. Registry is directed to register and number the connected appeal and to list the appeal, on a date to be fixed by it. JUDGE Comparing Assistant