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2026 DAILYLAW 17233 (GAU)

CHOLAMANDALM MS GENERAL INSURANCE CO. LTD. v. SMTI PONALI NARAH ALIAS SONALI NARAH AND 4 ORS

I.A.(Civil)/4117/2025 · 2026-01-08

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/4 GAHC010214942025 2026:GAU-AS:393 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4117/2025 in MAC APP No. 12311/2025 Filing Number CHOLAMANDALM MS GENERAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT SHAW WALLACE BUILDING NEW NO. 319, OLD N. 154, 2ND FLOOR, THAMBU CHETRY, CHENNAI, PIN 600001, INDIA, ITS ZONAL OFFICE AT OFFICE NO. 201 AND 202 L AND T CHAMBERS, 2ND FLOOR, 16 CAMAC STREET, KOLKATA 700017 AND ITS GUWAHATI REGIONAL OFFICE AT 4TH FLOOR, AASTHA PLAZA, BORA SERVICE, G.S. ROAD, GUWAHATI, KAMRUP (M), ASSAM 781007 REPRESENTED BY THE DEPUTY MANAGER LEGAL CLAIMS OF GUWAHATI REGIONAL OFFICE. VERSUS SMTI PONALI NARAH ALIAS SONALI NARAH AND 4 ORS S/O SRI DIPAK NARAH 2:SRI DIPAK NARAH SON OF LATE KAMAL NARAH 3:MISS BIJOYA NARAH DAUGHTER OF SRI DIPAK NARAH ALL ARE PERMANENT R/O VILL. PUTHIBIL P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR PIN 787001 ASSAM. 4:SRI RAJA MILI SON OF BITAL MILI RESIDENT OF AHOMONI Page No.# 2/4 POLICE STATION -NORTH LAKHIMPUR DISTRICTLAKHIMPUR PIN CODE- 787052. ASSAM. (OWNER OF VEHICLE AS-07-AC-4200 TRACTOR) 4:RAJA MILI S/O BITAL MILI R/O AHOMONI P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR PIN 787052 ASSAM. 5:SRI BANAMALI DAS SON OF BIPUL DAS RESIDENT OF- CHECKBANDH POLICE STATION- NORTH LAKHIMPUR DISTRICT- LAKHIMPUR PIN CODE- 787001. ASSAM. (DRIVER OF VEHICLE AS-07-AC-4200 TRACTOR) 5:BANAMALI DAS S/O BIPUAL DAS R/O CHACKBANDHI P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR PIN 787001 ASSAM Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : , Page No.# 3/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 09-01-2026 Heard Mr. A. Kakati, learned counsel for the applicant/appellant and Mr. D. Mondal, learned counsel appearing on behalf of the respondent Nos. 1, 2 and 3/claimants. 2. This is an application filed under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 31 days in filing the connected appeal against the impugned judgment and award dated 03.05.2025, passed by the learned Member, MACT No. 2, Kamrup (M) at Guwahati in MAC Case No. 565/2018. 3. It is submitted by Mr. Kakati, learned counsel that for observing the official formalities there was a delay of 31 days in preferring the appeal. However, there is no laches or negligence on the part of the applicant/appellant in preferring the appeal with a delay of 31 days. 4. Mr. Mondal, learned counsel appearing on behalf of the respondent Nos. 1, 2 and 3 raised no objection and submitted that he has no objection if the delay is condoned and the matter is registered. 5. After hearing the submissions of the learned counsel for both sides and also considering the grounds mentioned in the application, the delay of 31 days in preferring the connected appeal is hereby condoned. 6. This interlocutory application accordingly stands disposed of. 7. Registry is directed to register and number the connected appeal and to Page No.# 4/4 list the appeal, on a date to be fixed by it. 8. Further the applicant/appellant is directed to serve a copy of the memo of appeal to the respondent Nos. 1, 2 and 3. 9. Registry is also directed to reflect the name of Mr. D. Mondal, learned counsel for the respondent Nos. 1, 2 and 3 in the case list. JUDGE Comparing Assistant