THE ORIENTAL INSURANCE CO. LTD. v. SOBHA SINHA AND 4 ORS.
I.A.(Civil)/298/2024 · 2025-10-14
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6763 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6763 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010020292024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/298/2024 THE ORIENTAL INSURANCE CO. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REP. BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI- 7, DIST.- KAMRUP(M), ASSAM. VERSUS SOBHA SINHA AND 4 ORS. W/O LATE RAJIB AHMED @ RAJIBUDDIN, R/O B.P CHALIHA NAGAR, P.O.- BAMUNIMAIDAM, GUWAHATI, ASSAM. 2:SHINY SINHA D/O LATE RAJIB AHMED
R/O B.P CHALIHA NAGAR P.O.- BAMUNIMAIDAM GUWAHATI ASSAM. 3:SUSMITA SINHA D/O LATE RAJIB AHMED
R/O B.P CHALIHA NAGAR P.O.- BAMUNIMAIDAM GUWAHATI ASSAM. 4:MD HAMIDUR RAHMAN S/O AJIAL HOQUE
VILL.- HATIGAON BHETAPARA RD HOUSE NO 144 P.O.- DISPUR
Page No.# 2/3 DIST.- KAMRUP ASSAM. 5:PRANAB BAISHYA S/O LATE UPEN BAISHYA
VILL.- TARMATHA P.O.- ARIKUCHI P.S.- NALBARI Advocate for the Petitioner : MR. S K GOSWAMI, Advocate for the Respondent : MR A N IQBAL (R-1,2,3),
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.10.2025
1. Heard Mr. R. Sharma, learned counsel for the applicant. Also heard Mr. A. N. Iqbal, learned counsel for the respondent Nos. 1, 2 and 3. 2. This interlocutory application under Section 5 of the Limitation Act, 1963 has been filed by the applicant praying for condoning the delay of 8 days in preferring the connected appeal whereby the applicant has impugned the judgment and award dated 05.10.2023 passed by the learned Member, Motor Accident Claims Tribunal No. 2 Kamrup(M) in MAC Case No. 2406/2018. 3. The learned counsel for the applicant has submitted that the applicant has stated the reasons for delay in paragraph Nos. 3 and 4 of the instant condonation application. 4. On the other hand, the learned counsel for the respondent Nos. 1, 2 and 3 has submitted that considering the grounds shown by the applicant in the condonation of delay application, he has no objection if the prayer for condoning the delay is allowed. Page No.# 3/3
5. Considering the grounds taken by the applicant in paragraph Nos. 3 and 4 of the application to be sufficient cause which prevented the applicant in approaching this Court for preferring the connected appeal within the period of limitation as well as considering the fact that the learned counsel for the respondent Nos.
1, 2 and 3 has no objection if the prayer of the applicant is allowed, the delay of 8 days in preferring the connected MAC Appeal is hereby condoned and this interlocutory application is allowed. 6. The Registry is directed to register the connected MAC Appeal and list this same for admission in the next week on a date to be fixed by it. JUDGE Comparing Assistant