Saheda Begum and 2 Ors v. Ritwik Rochan Kalita and 2 Ors

ORDER Date : 05.08.2024

Heard Mr. N. Sharma, learned counsel for the applicants and Ms. D.S. Deka, learned counsel for the opposite party No. 2. Also heard Ms. M. Saikia, learned counsel for the opposite party No. 3. None appears for the opposite party No. 1, though office note dated 18.07.2024, indicates that notice upon the opposite party No. 1 has already been served.

¶2This application, under Section 5 of the Limitation Act, 1963, is preferred by three applicants, namely, Ms. Saheda Begum, Md. Amzad Ali and Ms. Mamoni Begum, for condonation of delay of 319 days in preferring an appeal against the Page No.# 3/3 judgment and order dated 07.01.2023, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup(M), in MAC Case No. 823/2017.

¶3Mr. Sharma, learned counsel for the applicants submits that the delay of 319 days in filing the connected appeal has been explained in paragraph Nos. 3, 4, 5, 6, 7 and 8 of the application. Mr. Sharma also submits that on account of some laches on part of the earlier counsel, the applicants could not obtain the certified copy in due time, and that the delay is not intentional, rather it is circumstantial, and he submits that there is arguable point in the appeal and therefore, it is contended to condone the delay and admit the appeal.

¶4The learned counsel for the opposite party Nos. 2 and 3 submit that they have no objection in the event of condoning the delay of 319 days in preferring the connected appeal.

¶5Having heard the submission of learned Advocates of both sides, I have gone through the application and the documents placed on record and also the grounds mentioned in paragraphs No. 3, 4, 5, 6, 7 and 8.

¶6It appears that the ground of delay has been sufficiently explained in this application and having been satisfied with the same, this Court is inclined to condone the delay of 319 in preferring the connected appeal.

¶7In terms of above, this I.A. stands allowed.

¶8In view of condonation of delay, Registry shall proceed to register the connected appeal and list the same before the Court. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010042122024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/645/2024o SAHEDAoBEGUMoANDo2oORS.o W/OoLATEoAJIToALI,o R/OoGARIGAON,oP.S.-oJALUKBARI,oGUWAHATI-o781012,oDIST.-oKAMRUPo (METRO)oASSAM. 2:oMD.oAMZADoALI oS/OoLATEoAJIToALI o R/OoGARIGAON oP.S.-oJALUKBARI oGUWAHATI-o781012 oDIST.-oKAMRUPo(METRO)oASSAM. 3:oMAMONIoBEGUM oD/OoLATEoAJIToALI o R/OoGARIGAON oP.S.-oJALUKBARI oGUWAHATI-o781012 oDIST.-oKAMRUPo(METRO)oASSAMo VERSUSo RITWIKoROCHANoKALITAoANDo2oORS.o S/OoKESHABoKALITA,o R/OoBIHDIA,oP.O.-oBIHDIA,oNEARoBIHDIAoGIRLSoHIGHoSCHOOL,oBAIHATA,o P.S.-oBAIHATAoCHARIALI,oPIN-o781141,oDIST.-oKAMRUP,oASSAM. 2:MD.oIMADURoRAHMAN oS/OoMD.oBAPJANoALI o R/OoBIHDIA oBAIHATA oP.S.-oBAIHATAoCHARIALI Page No.# 2/3 PIN- 781141 DIST.- KAMRUP ASSAM. 3:THE REGIONAL OFFICE OF SBI GENERAL INSURANCE CO. LTD. LASKHMI DARSHAN BUILDING KANCHAN ROAD OPP. BORA SERVICE STATION ULUBARI GUWAHATI- 781007 ASSAM. CORPORATE AND REGISTERED OFFICE- NATRAJ 101 JUNCTION OF WESTERN EXPRESS HIFGWAY AND ANDHERI KURLA ROAD ANDHERI (EAST) MUMBAI- 400069 Advocate for the Petitioner : MR. N SHARMA, Advocate for the Respondent : MR. R GOSWAMI (r-3), MS. L WANGSA(R-2),MR D S DEKA(R- 2),MD A RAHMAN(R-2),MR. T DEURI(R-2),MS. M SAIKIA (r-3),MS. P BORTHAKUR (r-3) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN