Atabar Akand v. Miss Hasina Begum and 2 Ors

ORDER

26.04.2024

Heard Md. S. Islam, learned counsel for the applicant/appellant. Also heard Ms. S. Mochahari, learned counsel for the respondent Nos. 1 and 2. Office Note dated 09.10.2023 reveals that neither A/D Card nor unserved notice in respect of respondent Nos. 1 and 2 has been received back by the Registry till date. This application is filed under Section 30 of the Workmen's Compensation Act, 1923 read with Section 5 of the Limitation Act, 1963 with a prayer for condonation of delay for a period of 118 days beyond the period of limitation in filling the appeal against the judgment and award dated 25.07.2019 passed by the Commissioner, Workmen's Compensation, Kamrup, Guwahati in W. C. Case No. 132/2008. Mr. Islam, learned counsel for the applicant, submits the applicant is a poor person and he was not in a position to arrange the Court fee, but, somehow he arranged the fee and contact the counsel and prepared the Memo of Appeal and for which, the delay of 118 days occurred in preferring the present appeal. Further, there was no intentional lapses or negligence on the part of the applicant. But, due to his financial constraint, the appeal could not be filed within the period of limitation. The reason for delay has already been explained in paragraph No. 4 of the present application. Accordingly, it is submitted that the delay is not deliberate but a bona fide one and, therefore, it is prayed to condone the same. In this context, the learned counsels appearing for the respondent Nos. 1 & 2 raised no objection in condoning the delay of 118 days in preferring the connected appeal. Page No.# 4/4 In view of above and also for the ends of justice, the Interlocutory Application for condonation of delay is hereby allowed and the delay of 118 days in preferring the connected appeal stands condoned. Registry to register the connected Mis. First Appeal and list the same for admission hearing in its usual course. The Interlocutory Application stands disposed of in terms above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010012192020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/399/2020o ATABARoAKANDo SONoOFoLATEoMOTIoAKAND,oRESIDENToOFoVILLAGEoKHOIRABARI,oP.O.o KHOIRABARI,oP.S.oBARPETAoROAD,oDISTRICToBARPETA,oASSAM VERSUSo MISSoHASINAoBEGUMoANDo2oORSo WIFEoOFoLATEoAFTABoHUSSAIN,oRESIDENToOFoVILLAGEoKHAIRABARI,o P.O.oKHAIRABARI,oP.S.oBARPETAoROAD,oDISTRICToBARPETA,oASSAM- 781315 2:THEoBRANCHoMANAGER oTHEoORIENTALoINSURANCEoCO.oLTD oBARPETAoROADoBRANCH oP.O.oANDoP.S.oBARPETAoROAD oDISTRICToBARPETA oASSAM-781315 3:THEoREGIONALoMANAGER oM/SoORIENTALoINSURANCEoCO.oLTD oREGIONALoOFFICE oG.S.oROAD oULUBARI oGUWAHATI-78100o AdvocateoforotheoPetitionerooooo:oMD.oSoISLAMo AdvocateoforotheoRespondento:oMSoCoBORAHoo Page No.# 2/4 Linked Case : ATABAR AKAND SON OF LATE MOTI AKAND RESIDENT OF VILLAGE KHOIRABARI P.O. KHOIRABARI P.S. BARPETA ROAD DISTRICT BARPETA ASSAM VERSUS MISS HASINA BEGUM AND 2 ORS WIFE OF LATE AFTAB HUSSAIN RESIDENT OF VILLAGE KHAIRABARI P.O. KHAIRABARI P.S. BARPETA ROAD DISTRICT BARPETA ASSAM-781315 2:THE BRANCH MANAGER THE ORIENTAL INSURANCE CO. LTD BARPETA ROAD BRANCH P.O. AND P.S. BARPETA ROAD DISTRICT BARPETA ASSAM-781315 3:THE REGIONAL MANAGER M/S ORIENTAL INSURANCE CO. LTD REGIONAL OFFICE G.S. ROAD ULUBARI GUWAHATI-781007 ------------ Advocate for : MD. S ISLAM Advocate for : appearing for MISS HASINA BEGUM AND 2 ORS Page No.# 3/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA