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2025 DAILYLAW 26125 (GAU)

ORIENTAL INSURANCE COMPANY LIMITED v. GIRISH CH. NATH

I.A.(Civil)/847/2025 · 2025-11-09

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010055362025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/847/2025 ORIENTAL INSURANCE COMPANY LIMITED A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27 ASAF ALI ROAD, NEW DELHI-2 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD, ULUBARI, GUWAHATI-7, REP. BY ITS REGIONAL MANAGER. VERSUS GIRISH CH. NATH S/O. LT. THANESWAR, R/O. VILL.- BAKAITARI, P/O. BAKAITAR, P/S. MATIA, DIST. GOALPARA, ASSAM, PIN-783125. 2:BINOD KR. ROY S/O. SRI DEEP NARAYAN ROY RESIDENT OF VILLAGE HOUSE NO 16 D.S ROAD BISHNUPUR GUWAHATI P/O. AND P/S. BHARALUMUKH DIST. KAMRUP METRO ASSAM PIN-781009 3:SHAHJAHAN KHANDAKAR S/O. MD. KASEM KHANDAKAR RESIDENT OF VILLAGE KHAMPUR SAKABAUSI P/O. AND P/S. BARPETA DIST. BARPETA ASSAM PIN-783325 Page No.# 2/3 Advocate for the Petitioner : MR. R C PAUL, Advocate for the Respondent : MD. S ALOM (R-1), MR. M S ALAM(R-1) Linked Case : RP(FAM.CT.)/0/0 ORIENTAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE ASAF ALI ROAD NEW DELHI WITH ONE OF ITS REGIONAL OFFICE AT GS ROAD ULUBARI GUWAHATI REPRESENTED BY ITS REGIONAL MANAGER VERSUS SRI GIRISH CH NATH BAKAITARI MATIA GOALPARA ASSAM 2:SRI BINOD KR ROY RESIDENT OF VILLAGE JADAB CHANDRA GOSWAMI HOUSE NO 16 DS ROAD BISHNUPUR GUWAHATI BHARALUMUKH KAMRUP METRO ASSAM 3:SHAHJAHAN KHANDAKAR KHAMPUR SAKABAUSI BARPETA ASSAM ------------ Advocate for : MR RABINDRA CHANDRA PAUL Advocate for : appearing for SRI GIRISH CH NATH Page No.# 3/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 10.11.2025 Learned counsel Mr. R. C. Paul is present for the applicant/appellant who has filed this application under section 5 of the Limitation Act, 1963 read with Section 173(1) proviso of the Motor Vehicle Act, 1988 with prayer for condonation of delay of 38 days in filing the connected appeal. 2. Learned counsel Mr. M. S. Alam is present for the claimant/respondent no.1. 3. It is submitted that the delay was the result of forwarding the decision to the Regional Office for vetting. 4. The learned counsel for the claimant has no objection. Sufficient grounds have been demonstrated by the applicant. Thereby, delay of 38 days is condoned as no inaction on the part of the applicant is discernible. 5. In terms of the above observation, I.A. stands disposed of. 6. Registry to register the connected appeal and to reflect the name of Mr. M. S. Alam in the cause-list of the registered appeal. JUDGE Comparing Assistant