Sri Raktim Prabal Goswami v. Sri Krishna Sharma

ORDER

27.06.2024. Heard Shri A. K. Gupta, learned counsel for the applicant. Also heard Ms. P. Borthakur, learned counsel for the respondent no. 3. The respondent nos. 1 & 2 have been served. Shri Gupta, learned counsel has submitted that the presence of the respondent no. 4 may not be necessary and accordingly his name is struck off. This application has been filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 75 days in preferring the appeal against the judgment and award dated 28.07.2017 passed by the learned Addl. Member No. 2, MACT, Tinsukia in MAC Case No. 38/2011. Shri Gupta, the learned counsel for the applicant by referring to the averments made in paragraphs 3 & 4 of the petition has submitted that there were sufficient grounds which had prevented presentation of the appeal within the prescribed period of limitation and therefore in the interest of justice, the delay may be condoned. Ms. P. Borthakur, the learned counsel for the Insurance Company has however submitted that the reasons are not specific. It is a settled principle of law that an application praying for condonation of delay is to be considered by taking a pragmatic and justice oriented approach Page No.# 3/3 and substantial justice is to be preferred over the technicalities. Considering the above and also the fact that the delay is of 75 days, the same is condoned and the IA stands allowed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010126392018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2133/2018o ooooooooooooInoMACoAppl.oNo.o544/2018 SRIoRAKTIMoPRABALoGOSWAMIo S/OoSRIoSUKDEVoGOSWAMI,oR/OoBRAHMAJANoGAON,oP.O.oANDoP.S.o PENGEREE,oDISTRICToTINSUKIA,oASSAM VERSUSo SRIoKRISHNAoSHARMAo S/OoLATEoDHANPATIoSHARMA 2:SMT.oSITAoSHARMA oW/OoLATEoDHANPATIoSHARMA oBOTHoAREoRESIDENTSoOFoTENGAPANIoGAON oP.S.oBORDUBI oDIST.oTINSUKIA oASSAM oPINo-o786151o(CLAIMANTS) 3:M/SoNEWoINDIAoASSURANCEoCO.oLTD. oDIGBOIoBRANCH oA.T.oROAD oP.O.oANDoP.S.oDIGBOI oDISTRICT oASSAM oPINo-o786171o(INSURERoOFoTHEoVEHICLE) 4:SRIoBIKASHoBASUMATARY oS/OoSRIoRANJIToBASUMATARY oR/OoLAINAoGAON oP.O.oANDoP.S.oBORDUBI oDISTRICToTINSUKIA oASSAM oPINo-o786171o(DRIVERoOFoTHEoVEHICLEo Page No.# 2/3 Advocate for the Petitioner : MR. A K GUPTA Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI