New India Assurance Co. Ltd v. Nazrana Begum Barlaskar and 4 Ors

ORDER Date : 31.05.2024 Heard Mr. R. K. Bhatra, learned counsel for the applicant along with Mr. M. Talukdar, learned counsel for the respondents No.1 to 3. It is seen that service of notice upon respondents No. 4 and 5 is still awaited, since A/D cared is not returned till dated. However, it is seen that notice was served more than a month back and considering the instant application, which is for the condonation of delay of 38 days, which has not been objected by the learned counsel for the respondents No.1 to 3, this Court is find it fit to proceed with the matter. The learned counsel for the applicant submits that in a similar case, wherein the respondents No.4 and 5 of the instant application were also an arrayed as parties in I.A.(Civil)/535/2023, a coordinate Bench of this Court Page No.# 3/3 condoned the delay of 42 days. The learned counsel submits that the delay of 38 days may also be condoned in this instant case, even though the respondents No.4 and 5 are not represented. The learned counsel for the applicant submits that the reason of the delay has been explained at paragraph-5 to 11 of the application, which fully explains the reasons for the delay, which is primarily due to the office procedure followed for obtaining legal opinion on whether or not to file an appeal against the impugned Judgment and Order. I have heard the submissions made by the learned counsel for both the parties, wherein no objection is raised by the learned counsel for the respondents No.1 to 3. The Court has perused the explanation given at paragraph-5 to 11 of the application, and is satisfied that the delay of 38 days in filing the connected appeal is not due to any negligence or laches on the part of the applicant and accordingly condoned the delay of 38 days. I.A.(Civil) No.540/2023 stands allowed and disposed. On the disposal of the instant application, the appeal application is to be registered by the Registry and list the matter for admission. The name of M. Talukdar, learned counsel for the respondents No.1 to 3 is to be reflected thereafter.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010046282023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/540/2023o NEWoINDIAoASSURANCEoCO.oLTD.o HAVINGoITSoREGISTEREDoOFFICEoAToNEWoINDIAoASSURANCEoBUILDINGo 87,oMAHATMAoGANDHIoROAD,oMUMBAIoANDoONEoOFoTHEoREGIONALo OFFICESoKNOWNoASoNORTHoEASToREGIONALoOFFICEoAToGSoROAD,o ULUBARI,oGUWAHATIo7,oASSAM VERSUSo NAZRANAoBEGUMoBARLASKARoANDo4oORS.o W/OoLATEoRAFIUZoJAMANoBARLASKAR,o RESIDENToOFoSATKARAKANDIoPARToI.oPSoSONAIoDISToCACHAR,oASSAM 2:RAFIQAoFARHINoBARLASKAR oD/OoLATEoRAFIUZoJAMANoBARLASKAR o RESIDENToOFoSATKARAKANDIoPARToI.oPSoSONAIoDISToCACHAR oASSAM 3:MUSST.oKULSUMAoBEGUMoBARLASKAR oW/OoLATEoLALUoMIAoBARLASKARo RESIDENToOFoSATKARAKANDIoPARToI.oPSoSONAIoDISToCACHAR oASSAM 4:NURULoAMINoBARBHUIYA oS/OoLATEoMAKABBIRoALIoBARBHUIYA oTARAPURoPARToV oPSoSILCHAR oDISToCACHAR oASSAM o788003 5:ISLAMoUDDINoBARBHUIYA oS/OoLATEoMAKADDASoALIoBARBHUIYAoNARAINPURoPARToIII Page No.# 2/3 PS ALGAPUR DIST HAILAKANDI ASSAM 78815 Advocate for the Petitioner : MS P HUJURI Advocate for the Respondent : MR. M TALUKDAR Linked Case : NEW INDIA ASSURANCE CO. LTD. VERSUS NAZRANA BEGUM BARLASKAR AND 4 ORS. B ------------ Advocate for : MS P HUJURI Advocate for : appearing for NAZRANA BEGUM BARLASKAR AND 4 ORS. B BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG