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2026 DAILYLAW 9761 (GAU)

THE ORIENTAL INSURANCE CO. LTD. v. ENAMUL HOQUE ALIAS INAMUL HOQUE AND ANR

I.A.(Civil)/9/2026 · 2026-07-19

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/4 GAHC010285972025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/9/2026 THE ORIENTAL INSURANCE CO. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI-7 DISTRICT-KAMRUP (M), ASSAM. VERSUS ENAMUL HOQUE ALIAS INAMUL HOQUE AND ANR S/O- MD. SHAHID ULLAH, R/O- VILLAGE- BHERBHERI, P.S.- BATADRAVA, DISTRICT- NAGAON, ASSAM ASSAM PIN- 782102 2:MD HUSAIN ALI S/O- MD. CHABDAR ALI R/O- VILLAGE- TUBUKI GRANT P.S.- KAMRUP DISTRICT- NAGAON ASSAM. PIN-78242 Advocate for the Petitioner : MR. S K GOSWAMI, MS P SARMA,MR. R SHARMA Advocate for the Respondent : MR. I A TALUKDAR(R1), Linked Case : RP(FAM.CT.)/0/0 THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT REPRESENTED BY ITS REGIONAL MANAGER ULUBARI GUWAHATI-7. DISTRICT- KAMRUPM ASSAM. Page No.# 2/4 VERSUS ENAMUL HOQUE ALIAS INAMUL HOQUE S/O- MD. SHAHID ULLAH R/O- VILLAGE- BHERBHERI P.S.- BATADRAVA DISTRICT- NAGAON ASSAM. PIN CODE- 782102 2:MD HUSSAIN ALI S/O- MD. CHABDAR ALI R/O- VILLAGE- TUBUKI GRANT P.S.- KAMPUR DISTRICT- NAGAON ASSAM. PIN CODE- 782427 OWNER AND DRIVER OF THE MOTORCYCLE BEARING REGISTRATION NO. AS-02/P-7843 ------------ Advocate for : SHYAMAL KUMAR GOSWAMI Advocate for : appearing for ENAMUL HOQUE ALIAS INAMUL HOQUE Linked Case : C.APPLN/0/0 THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT REPRESENTED BY ITS REGIONAL MANAGER ULUBARI GUWAHATI-7. DISTRICT- KAMRUPM ASSAM. VERSUS ENAMUL HOQUE ALIAS INAMUL HOQUE S/O- MD. SHAHID ULLAH R/O- VILLAGE- BHERBHERI P.S.- BATADRAVA DISTRICT- NAGAON ASSAM. PIN CODE- 782102 2:MD HUSSAIN ALI S/O- MD. CHABDAR ALI R/O- VILLAGE- TUBUKI GRANT P.S.- KAMPUR DISTRICT- NAGAON ASSAM. PIN CODE- 782427 OWNER AND DRIVER OF THE MOTORCYCLE BEARING REGISTRATION NO. AS-02/P-7843 ------------ Advocate for : SHYAMAL KUMAR GOSWAMI Advocate for : appearing for ENAMUL HOQUE ALIAS INAMUL HOQUE Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 20.07.2026 1. Heard Ms. P. Sarma, the learned counsel for the applicant. Also heard Mr. J. A. Talukdar, the learned counsel for the respondent No. 1. 2. On perusal of the office note dated 16.07.2026, it appears that the notice issued to the respondent No. 2 has been duly served. 3. This application under Section 5 of the Limitation Act, 1963 has been preferred by the applicant Oriental Insurance Company Limited praying for condoning the delay of 58 days in preferring the connected MAC Appeal wherein the judgment and award dated 09.07.2025 passed by the Motor Accident Claim Tribunal, Nagaon in MAC Case No. 150/2020 has been impugned. 4. The learned counsel for the applicant submits that the cause for delay in preferring the connected appeal has been stated in paragraph No. 3 and 4 of the instant Interlocutory Application. 5. The learned counsel for the opposite party No. 1 submits that considering the ground shown by the applicant for delay the respondent No. 1 does not have any objection if the delay is condoned by this Court. Page No.# 4/4 6. After considering the submissions made by the learned counsel for both the parties as well as after going through the cause shown in the instant Interlocutory Application for delay in preferring the connected appeal, this Court is of the considered opinion that the said cause may be regarded as sufficient cause, which prevented the present applicant in preferring the connected appeal within the prescribed period of limitation. 7. As such, the delay of 58 days in preferring the connected appeal is hereby, condoned and this Interlocutory Application is allowed. 8. The Registry shall register the connected MAC Appeal and list the same for admission after a week. JUDGE Comparing Assistant