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2025 DAILYLAW 3226 (GAU)

THE ORIENTAL INSURANCE COMPANY LTD. v. SHRI INAVI CHISHI AND 6 ORS

I.A.(Civil)/115/2025 · 2026-05-21

Yarenjungla Longkumer

body2025

Judgment text

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Page No.# 1/5 GAHC020003862025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/115/2025 THE ORIENTAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED ORIENTAL HOUSE A-25/27, ASAF ALI ROAD, NEW DELHI-110002 AND REGIONAL DIVISIONAL OFFICES IN SEVERAL PLACES, INCLUDING A REGIONAL OFFICE AT GUWAHATI ASSAM AND DIVISIONAL OFFICE AT DIMAPUR, IN THE STATE OF NAGALAND. VERSUS SHRI INAVI CHISHI AND 6 ORS F/O LT. JEPITO CHISHI, R/O AKULUTO TOWN, ZUNHEBOTO, PRESENTLY RESIDING AT H/NO. 882 B PADUMPUKHERI VILLAGE, DIMAPUR NAGALAND 2:SMTI VIKHELI CHISHI W/O SHRI INAVI CHISHI R/O AKULUTO TOWN ZUNHEBOTO PRESENTLY RESIDING AT H/NO. 882 B PADUMPUKHERI VILLAGE DIMAPUR NAGALAND 3:MR CHISHIKA S/O INAVI CHISHI R/O AKULUTO TOWN ZUNHEBOTO PRESENTLY RESIDING AT H/NO. 882 B PADUMPUKHERI VILLAGE DIMAPUR NAGALAND 4:MISS KABOLI CHISHI D/O INAVI CHISHI R/O AKULUTO TOWN Page No.# 2/5 ZUNHEBOTO PRESENTLY RESIDING AT H/NO. 882 B PADUMPUKHERI VILLAGE DIMAPUR NAGALAND 5:MISS LINOKA D/O SHRI INAVI CHISHI R/O AKULUTO TOWN ZUNHEBOTO PRESENTLY RESIDING AT H/NO. 882 B PADUMPUKHERI VILLAGE DIMAPUR NAGALAND 6:MD. MAINUL HOQUE R/O KHATKHATI K/A (DRIVER OF THE PICK VEHICLE NEARING NO. NL-07A-7643 ) 7:SMTI ANITA JAIN R/O JAIN TEMPLE ROAD MARWARI PATTI DIMAPUR NAGALAND (OWNER OF THE PICK UP VEHICLE BEARING NO. NL.07A- -7643 Advocate for the Petitioner : KIM PIENYU, Advocate for the Respondent : , Linked Case : MACApp./12/2025 THE ORIENTAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI-110002 AND REGIONAL DIVISIONAL OFFICES IN SEVERAL PLACES INCLUDING A REGIONAL OFFICE AT GUWAHATI ASSAM AND DIVISIONAL OFFICE AT DIMAPUR IN THE STATE OF NAGALAND. VERSUS SHRI INAVI CHISHI AND 6 ORS F/O LT. JEPITO CHISHI R/O AKULUTO TOWN Page No.# 3/5 ZUNHEBOTO PRESENTLY RESIDING AT H/NO. 882 B PADUMPUKHERI VILLAGE DIMAPUR NAGALAND 2:SMTI VIKHELI CHISHI W/O SHRI INAVI CHISHI R/O AKULUTO TOWN ZUNHEBOTO PRESENTLY RESIDING AT H/NO. 882 B PADUMPUKHERI VILLAGE DIMAPUR NAGALAND 3:MR CHISHIKA S/O INAVI CHISHI R/O AKULUTO TOWN ZUNHEBOTO PRESENTLY RESIDING AT H/NO. 882 B PADUMPUKHERI VILLAGE DIMAPUR NAGALAND 4:MISS KABOLI CHISHI D/O INAVI CHISHI R/O AKULUTO TOWN ZUNHEBOTO PRESENTLY RESIDING AT H/NO. 882 B PADUMPUKHERI VILLAGE DIMAPUR NAGALAND 5:MISS LINOKA D/O SHRI INAVI CHISHI R/O AKULUTO TOWN ZUNHEBOTO PRESENTLY RESIDING AT H/NO. 882 B PADUMPUKHERI VILLAGE DIMAPUR NAGALAND 6:MD. MAINUL HOQUE R/O KHATKHATI K/A (DRIVER OF THE PICK VEHICLE NEARING NO. NL-07A-7643 ) 7:SMTI ANITA JAIN R/O JAIN TEMPLE ROAD MARWARI PATTI DIMAPUR NAGALAND (OWNER OF THE PICK UP VEHICLE BEARING NO. NL.07A- -7643) ------------ Advocate for : KIM PIENYU Advocate for : MOAJUNGLA appearing for SHRI INAVI CHISHI AND 6 ORS Page No.# 4/5 BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 22.05.2026 The instant application under Section 5 of the Limitation Act, 1963 has been preferred by the applicant/appellant praying for condonation of delay of 105 (one-hundred five) days in filing the connected MACApp./12/2025. 2. At the outset the learned counsel for the applicant, Mr. Laknyei Phom submits that inadvertently he has entered the period of delay as 105 days; however, the delay is only 17 (seventeen) days inasmuch as the impugned Judgment & Order was passed on 17.03.2025 and the period of 90 days expired on 17.06.2025. Thereafter, the period from 01.07.2025 to 13.07.2025 was summer vacation for this Court and in between there were two days holiday and, therefore, the delay should have been only 17 days. He has stated that the delay of 17 days has been caused due to the forwarding of the files to the Regional Office, Guwahati. He, therefore, prays that the delay of 17 days in filing the connected appeal may be condoned. 3. Also heard learned counsel for Rs-1-5, Ms. Moajungla and also Ms. K. Lily Swu for R-7, who have also raised no objection in view of the fact that the period of delay is actually 17 days only. 4. This Court has considered the reasons for the delay set out in the application and is of the view that sufficient cause has been shown and Page No.# 5/5 accordingly, the delay of 17 days is condoned and the application is allowed. 5. I.A. disposed of. JUDGE Comparing Assistant