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2026 DAILYLAW 5525 (GAU)

MAHIDA KHATUN ALIAS MAHIDA BEWA v. RAM NARAYAN BHOWMIK AND 2 ORS

I.A.(Civil)/461/2026 · 2026-05-05

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010026772026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/461/2026 MAHIDA KHATUN ALIAS MAHIDA BEWA WO LATE BISHU SK ALIAS BISWA ALI KHANDAKAR, RO VILL SUAPATA PT II, PS BILASIPARA, DIST DHUBRI, ASSAM, PIN 783348 VERSUS RAM NARAYAN BHOWMIK AND 2 ORS S/O PROTISH CH BHOWMIK, RO WARD NO 6, TUFANGANJ, DIST COOCHBEHAR, WEST BENGAL, PIN 736159 2:GOUTAM BASAK SO SACHINDRA MOHAN BASAK RO VILL LANGALGRAM BOXIRHAT DIST COOCHBEHAR WEST BENGAL PIN 782131 3:THE UNITED INDIA INSURANCE CO LTD REPRESENTED BY ITS REGIONAL MANAGER GUWAHATI REGIONAL OFFICE GS ROAD CHRISTIANBASTI GUWAHATI 78100 Advocate for the Petitioner : MR. M TALUKDAR, B SARMA Advocate for the Respondent : MR. P J BARMAN(R3), Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 06.05.2026 1. Heard Mr. S. Patwari, learned counsel for the applicant. Also heard Mr. P. J. Barman, learned counsel for the respondent No. 3. 2. On perusal of the office note dated 04.05.2026, it appears that the notice issued to the respondent Nos. 1 and 2 have been duly served. 3. This interlocutory application has been filed by the applicant praying for condonation of delay of 16 days in filing the connected appeal wherein the appellant has impugned the judgment and order dated 15.09.2025 passed by the Motor Accident Claims Tribunal, Dhubri in MAC Case No. 235/2017. 4. The applicant has stated the grounds for delay in paragraph Nos. 3 and 4 of the instant interlocutory application. 5. The learned counsel for the respondent No. 3, considering the grounds stated in the interlocutory application, has not objected to the prayer for condonation of delay. 6. After considering the grounds stated in paragraph Nos. 3 and 4 of the instant interlocutory application, this court is of considered opinion that the said grounds may be considered as sufficient reason which prevented the applicant from preferring the connected appeal within the prescribed period of limitation. 7. Accordingly, the delay of 16 days in preferring the connected appeal is hereby condoned and this interlocutory application is allowed. 8. The Registry shall register the connected appeal and list the same for Page No.# 3/3 admission after a week on a date to be fixed by it. 9. The name of Mr. P. J. Barman, learned counsel may be reflected in the cause-list as engaged counsel for the respondent No. 3. 10. The applicant is directed to furnish the copy of the memo of appeal along with annexures to the learned counsel for the respondent No. 3. JUDGE Comparing Assistant