Tata Aig General Insurance Co. Ltd v. Chabilal Thapa @ Raju and Anr

ORDER Date : 24.04.2024

Heard Ms. P. Borthakur, learned counsel for the applicant. Also heard Ms. J. Aktar, learned counsel for the respondent No. 1 and Mr. A. Buragohain, learned counsel for the respondent No. 2.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of the delay of 53 days in preferring the connected Misc. First Appeal, which has been preferred against the judgment and order dated

01.08.2023, passed by the learned Commissioner for Employee's Compensation, Bongaigaon in E.C. Case No. 24/2022 directing the applicant to pay Rs. 11,60,995/- to the respondent/claimant.

It is submitted by Ms. P. Borthakur, learned counsel for the applicant, that the copy of the judgment and order dated 01.08.2023 was sent by post which was received by the Office of the applicant at Guwahati on 08.08.2023 and after receipt of the judgment on 14.08.2023, the matter was placed before the panel advocate and for observing some other official formalities, there was a delay of 53 days in filing the connected appeal. She further submitted that there was no intentional laches or negligence on the part of the applicant in preferring the appeal within the statutory period of limitation and accordingly prays that the delay of 53 days in preferring the connected appeal may be condoned. The cause of delay is also properly explained in paragraph No. 2 of the application. Page No.# 3/3

In this context, Ms. J. Aktar, learned counsel for the respondent No. 1, as well as Mr. A. Buragohain, learned counsel for the respondent No. 2, raised no objection.

After considering the submissions made by the learned counsels for sides and also considering the grounds mentioned in paragraph No. 2 of the application, which is found to be reasonable and justified ground, as well as for the ends of justice, the present Interlocutory Application for condonation of delay is hereby allowed and the delay of 53 days in preferring the connected appeal stands condoned.

Registry to register the connected Misc. 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.#o1/3 GAHC010017882024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/267/2024o TATAoAIGoGENERALoINSURANCEoCO.oLTDo HAVINGoITSoREGISTEREDoOFFICEoAToPENISULAoCORPORATEoPARK,o NICOLASoPIRAMALoTOWERo9THoFLOOR,oGANPATROoKADAMoMARG,o MUMBAI,oPIN-o400013,oZONALoOFFICEoAToCONSTANTIAoOFFICEoCOMPLEX, 2NDoFLOOR,o11,oDRoU.N.oBRAHMACHARIoSTREET,oKOLKATA-o700017oANDo BRANCHoOFFICEoAToABC,oG.S.oROADoGUWAHATI-o781005. VERSUSo CHABILALoTHAPAo@oRAJUoANDoANR.o S/OoSRIoGANESHoBAHADURoTHAPA,o VILL.-oUDOIPURoDEORIoGAON,oP.O.-oSADIYA,oP.S.-oSADIYA,oDIST.-o TINSUKIA,oASSAM,oPIN-o786155. 2:AMBAHADURoTHAPA oS/OoSRIoGANESHoBAHADURoTHAPA o VILL.-oUDOIPURoDEORIoGAON oP.O.-oSADIYA oP.S.-oSADIYA oDIST.-oTINSUKIA oASSAM oPIN-o786155o AdvocateoforotheoPetitionerooooo:oMR.oRoGOSWAMIo AdvocateoforotheoRespondento:oMR.oMoKHANo(R-1)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA