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2025 DAILYLAW 3342 (GAU)

NEW INDIA ASSURANCE COMPANY LTD v. SHIBANI SAHA AND 4 ORS

I.A.(Civil)/2195/2025 · 2026-05-25

Robin Phukan

body2025

Judgment text

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Page No.# 1/3 GAHC010235822024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2195/2025 NEW INDIA ASSURANCE COMPANY LTD (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI, STARCITY COMPLEX, G.S. ROAD, LACHITNAGAR, GUWAHATI 781007 REPRESENTED BY THE MANAGER, GAUHATI REGIONAL OFFICE, LACHITNAGAR, GUWAHATI 781007 VERSUS SHIBANI SAHA AND 4 ORS W/O LATE RATANLAL SAHA, 2:SMT. RANJEETA DAS SAHA W/O LATE RAJU SAHA 3:MASTER HARSHEET SAHA S/O LATE RAJU SAHA ALL ARE R/O VILL. NAAKHOLA GRANT P.O. JAGIROAD P.S. MAYONG DIST. MORIGAON ASSAM PIN 782410 4:AZAD ALI S/O JOHURUDDIN R/O VILL. KHARUBHAJ P.O. RAJMITA LAKHIPUR Page No.# 2/3 DIST. GOALPARA ASSAM PIN 783129 5:SHAHADOT HUSSAIN S/O AKRAM ALI C/O AKBAR ALI R/O H.NO. 21 SRIMANTAPUR GUWAHATI P.O. INDRAPUR BHANGAGARH DIST. KAMRUP (M) ASSAM PIN 78100 Advocate for the Petitioner : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR Advocate for the Respondent : MR. S SAHA (R-1,2,3), MR. SHYAM SHARMA(R2),MR. R SHARMA(R2),MS P SARMA(R2),MR. S K GOSWAMI(R2),MR A HUSSAIN(R-4,5),MR F HAQUE(R-4,5),MR. A HALIM(R-4,5) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 26.05.2026 Heard Ms. R.D. Mozumdar, learned counsel for the applicant; Mr. S.K. Goswami, learned counsel for the opposite party Nos. 2 & 3; and Mr. F. Haque, learned counsel for the opposite party Nos. 4 & 5. 2. This application, under Section 173 of the MV Act read with Section 5 of the Limitation Act, is preferred by the applicant for condoning the delay of 15 days in preferring the connected MAC Appeal, against the judgment and award dated 24.07.2024, passed by the learned Member, MACT No. 1, Kamrup (M) at Guwahati, in MAC Case No. 1060/2018. Page No.# 3/3 3. Ms. Mozumdar, learned counsel for the applicant submits that there was delay in obtaining legal opinion by the dealing counsel and that the delay is not intentional rather it is circumstantial and the same is sufficiently explained in this application, at paragraph Nos. 3, 4 & 5 and therefore, it is contended to allow this petition. 4. On the other hand, Mr. Goswami and Mr. Haque submit that they have no objection in the event of allowing this application by condoning the delay of 15 days in preferring the connected MAC Appeal. 5. Accordingly, having considered the submissions of learned counsel for both the parties and also considering the explanation so forthcoming for the delay of 15 days in preferring the connected MAC Appeal, this Court is of the view that the delay of 15 days stands sufficiently explained in this application and therefore, the delay of 15 days in preferring the connected MAC Appeal, stands condoned. 6. In terms of above, this I.A. stands disposed of. 7. Now, the registry shall register the connected MAC Appeal and list the same before the Court on 03.06.2026. 8. Registry shall reflect the name of the counsel for the respondents in the cause-list while listing the MAC Appeal. JUDGE Comparing Assistant