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2026 DAILYLAW 6602 (GAU)

ORIENTAL INSURANCE COMPANY LTD v. JOHIR UDDIN AND ANR.

I.A.(Civil)/747/2026 · 2026-05-18

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/2 GAHC010292252023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/747/2026 ORIENTAL INSURANCE COMPANY LTD (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI-781007 REPRESENTED BY THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI-781007 VERSUS JOHIR UDDIN AND ANR. S/O MD. ABDUL RAHMAN, R/O VILLAGE- BORDOLONG KARIKHANA, P.O.- KARIKHANA, P.S.- LANKA, DISTRICT- NAGAON, ASSAM, PIN- 782446 2:MD. JUBAIR AHMED S/O ABDUL NOOR BORBHUYAN R/O VILLAGE- DEBASTHAN P.O. AND P.S.- MURAJHAR DISTRICT- NAGAON ASSAM PIN- 78248 Advocate for the Petitioner : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 19.05.2026 1. Heard Ms. R. D. Mozumdar, learned counsel for the applicant. 2. On perusal of the office note dated 15.05.2026, it appears from postal Page No.# 2/2 track consignment report of the notice issued to respondent, it appears that notices were duly delivered to both the respondents. Hence, notices issued to both the respondents are held to be duly served. 3. This application under Section 5 of the Limitation Act, 1963 has been filed by the Oriental Insurance Company Limited praying for condonation of delay of 73 days in preferring the connected MFA, whereby the judgment and award dated 08.08.2023, passed by the Commissioner, Employee’s Compensation, Nagaon, in CASE No. N.E.C. (W.C.) 49/2005 has been impugned. 4. The applicant has stated the reasons for delay in preferring the connected appeal in paragraph Nos. 3 to 7 of the instant interlocutory application. 5. After going through the said paragraphs, this Court is of the considered opinion that the applicant was prevented by sufficient cause in preferring the connected appeal within the prescribed period of limitation. Accordingly, the delay of 73 days in preferring the connected appeal is hereby condoned and this interlocutory application is allowed. 6. The Registry is directed to register the connected MFA and list the same for admission after a week on a date to be fixed by it. JUDGE Comparing Assistant