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2025 DAILYLAW 9002 (GAU)

NEW INDIA ASSURANCE CO. LTD. v. KABOM PERTIN

I.A.(Civil)/1345/2025 · 2025-08-31

Susmita Phukan Khaund

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010051622025 2025:GAU-AS:11769 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1345/2025 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87, MG ROAD, MUMBAI, AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, GUWAHATI-781007, NEAR HANUMAN MANDIR AND ONE OF ITS DIVISIONAL OFFICE AT BONGAIGAON. VERSUS KABOM PERTIN S/O- DHORMESWAR PERTIN 2:PILU PERTIN D/O. KABOM PERTIN AND LT. AMPING MEGU PERTIN. 3:PIKOLI PERTIN D/O. KABOM PERTIN AND LT. AMPING MEGU PERTIN 4:MIDO PERTIN S/O. KABOM PERTIN AND LT. AMPING MEGU PERTIN 5:PINGKU PERTIN D/O. KABOM PERTIN AND LT. AMPING MEGU PERTIN ALL ARE PERMANENT RESIDENT OF R/O- NEW BORGULI VILL P/O. MEBO P/S. PASIGHAT EAST SIANG ARUNACHAL PRADESH-791104 PRESENT ADDRESS- BONGAIGAON W/NO. 25 SALBARI P/O. AND DIST. BONGAIGAON Page No.# 2/3 ASSAM PIN-783380. 6:AFTAB KHAN S/O. ANAMUL KHAN R/O. VILL.- PASIGHAT BAZAR PASIGHAT JAIL ROAD P/O. AND P/S. PASIGHAT EAST SIANG DIST. ARUNACHAL PRADESH-791102. 7:MIRAJ KHAN S/O. ANAMUL KHAN R/O. GAURA BAZAR PAITHAN TOLA VILLAGE P/O. GAURA P/S. KATYA DIST. GOPALGANJ BIHAR PIN-841437. PRESENT ADDRESS VILL.- PASIGHAT BAZAR PASIGHAT JAIL ROAD P/O. AND P/S. PASIGHAT EAST SIANG DIST. ARUNACHAL PRADESH-791102 Advocate for the Petitioner : MR. R K BHATRA, A BIYANI,MR. A SAIKIA,MS P HUJURI,L A MAGAR Advocate for the Respondent : MR. M KHAN (R-1 TO 5), MS CHITRALEKHA DAS (R-6,7),MR. K R PATGIRI (R-6,7),MS. D. DEVI (R-6,7),MS J AKTAR(R-1 TO 5),MR A K DAS(R-1 TO 5) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 01-09-2025 Heard learned counsel Ms. S. Choudhury on behalf of learned counsel Mr. R.K. Bhatra for the applicant/appellant. 2. This application is filed under Section 5 of the Limitation Act, 1963 with Page No.# 3/3 prayer for condonation of delay of 29 (Twenty Nine) days in preferring the connected appeal against the judgment and award dated 04.10.2024 passed by the learned Member, MACT, Bongaigaon in MAC Case No. 188/2021. 3. Learned counsel Mr. M. Khan representing the respondents No. 1 to 5 has submitted that there is no scope of settlement and the matter may not be referred to mediation. However, he has not raised objection against the prayer for condonation of delay. 4. Learned counsel Mr. K.R. Patgiri for the respondents No. 6 and 7 has no objection if the delay is condoned. 5. It appears that there is no malafide on the part of the applicant and sufficient grounds have been shown. The delay was owing to the information forwarded to the Regional Office. 6. Considering all aspects, the delay of 29 (Twenty Nine) days is hereby condoned. 7. Registry to register the connected appeal and to reflect that name of Mr. M. Khan and Mr. K.R. Patgiri as learned counsel, representing the respondents respectively, in the cause list. 8. In terms of the above observation, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant