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2025 DAILYLAW 3694 (GAU)

ORIENTAL INSURANCE CO.LTD. v. REKHA GOGOI AND 4 ORS

I.A.(Civil)/2514/2025 · 2026-07-23

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010082762026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2514/2025 ORIENTAL INSURANCE CO.LTD. HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI 781007 REPRESENTED BY THE DEPUTY MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI 781007 KAMRUP (M) ASSAM. VERSUS REKHA GOGOI AND 4 ORS W/O LATE SUNIL GOGOI. 2:SMTI JIMPI GOGOI D/O LATE SUNIL GOGOI 3:MANASH GOGOI S/O LATE SUNIL GOGOI ALL ARE R/O LOHARI KACHARI GAON (THARMAL) NEAR NAMGHAR P.O. AND P.S. TINSUKIA DIST. TINSUKIA ASSAM PIN 786125 PRESENT ADDRESS GANESHGURI NEAR GANESH MANDIR GUWAHATI DIST. KAMRUP (M) ASSAM Page No.# 2/3 PIN 781006 4:SMTI RINKUMONI TAID DOLEY W/O SRI RAKESH KUMAR TAID R/O DHEMAJI NAGAR WARD NO. 3 P.O. AND P.S. DHEMAJI DIST. DHEMAJI ASSAM PIN 787057 5:JIBON BORAH S/O SRI DHARMESWAR BORAH R/O BADHAKARA P.O. BADHAKARA P.S. NORTH LAKHIMPUR DIST. NORTH LAKHIMPUR ASSAM PIN 787032 ------------ Advocate for : MS. R D MOZUMDAR Advocate for : MR. A MANNAF (R-1 2 3) appearing for REKHA GOGOI AND 4 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 24.07.2026 1. Heard Ms. R. D. Mozumdar, learned counsel for the applicant. Also heard Mr. A. Mannaf, learned counsel for the respondent Nos. 1, 2 and 3/claimants. 2. This interlocutory application under Section 5 of the Limitation Act has been filed by the applicant, namely, Oriental Insurance Company Limited praying for condonation of delay of 13 days in preferring the connected MAC appeal. Page No.# 3/3 3. The learned counsel for the applicant has submitted that the reason for delay has been stated in paragraph Nos. 3 to 8 of the instant interlocutory application. 4. Mr. A. Mannaf, learned counsel for the respondent Nos. 1, 2 and 3/claimants submits that considering the short period of delay and grounds stated in the instant interlocutory application, he has no objection if the said delay is condoned by this Court. 5. After considering the submissions made by the learned counsel for the parties and after going through the grounds stated in the interlocutory application, this Court is of the opinion that the applicant/Insurance Company was prevented by sufficient cause in preferring the connected MAC appeal within the prescribed period of limitation. 6. As such, the delay of 13 days in preferring the connected MAC appeal is hereby condoned and this interlocutory application is allowed. 7. The Registry is directed to register the connected the MAC appeal and list the same for admission on 10th of August, 2026. 8. The name of Mr. A. Mannaf may be shown in the cause-list as engaged counsel for the respondent Nos. 1, 2 and 3 henceforth. JUDGE Comparing Assistant