M/S Bajaj Allianz General Insurance Company Limited v. Smti Mina Jabisaw and Ors

ORDER Date : 22-03-2024 Heard Mr. P. Hazarika, learned counsel for the applicant/Insurance Company. As per office note dated 02.11.2019, the notice upon the respondent Nos. 1 and 2 are shown to have been served and in the order dated 30.08.2023, it is reflected that the service upon the respondent No. 3 has been received by his wife. In view of the above, the notice is treated to be completed in respect of respondent No. 3. The learned counsel for the applicant submits that the respondent No. 4 is the driver of the vehicle and hence, he is not a necessary party for the propose of disposal of this case and prays for striking out the name of respondent No. 4 from the cause title of the memo of appeal. Prayer is allowed. Accordingly, the name of respondent No. 4 be struck off from the cause Page No.# 3/3 title of the memo of appeal at the risk of the appellant. None appears on behalf of respondent Nos. 1, 2 and 3, although notice was duly been received by them. This is an application under section 5 of the Indian Limitation Act, for condoning the delay of 129 day in filing the connected appeal. The reason for the delay in filing the connected appeal has been explained in Para 2 and 3 of the application. Despite of the receipt of notice, the respondents has not appeared, it is presumed that they have no objection to the condonation of delay of 129 days in filing the connected appeal is condoned. Upon perusal of the grounds for delay stated in the paragraph 2 and 3 of the application, this Court is satisfied that there is a sufficient cause for not filing the connected appeal within a stipulated period of time. In view of the above, this application for codonation of delay of 129 days is allowed. The I.A. stands disposed of Since the appeal has already been registered, list the same for admission hearing in due course.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010140102018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2337/2018o M/SoBAJAJoALLIANZoGENERALoINSURANCEoCOMPANYoLIMITEDo HAVINGoITSoREGISTEREDoOFFICEoANDoHEADoOFFICEoAToGEoPLAZAo AIRPORToROADoNERADAoPUNE,o411006oANDoNORTHoEASTERNoREGIONALo OFFICEoAToSREEJIoTOWER,o2NDoFLOOR,oC/GAUHATIoTEAoWAREoHOUSINGo PVT.oLTD.oADJACENToTOoMAHINDRAoSHOWROOM,oCHRISTAINoBASTIo,o GUWAHATIo781005,oKAMRUPoMoDISTRICToASSAMo(REPRESENTEDoBYoITSo SENIORoLEGALoEXECUTIVEoCLAIMSoDEPARTMENTo,MS.oODYSSEYo BORDOLOI,oAGEo27oYEARS VERSUSo SMTIoMINAoJABISAWoANDoORSo D/OoLATEoSAMLUoJABISAWoVILLAGEoLOWERoBHALUKPUNGoPOoANDoPSo BHALUKPUNG,oPINo790114oDISToWESToKAMENG,oARUNACHALoPRADESH 2:SRIoMINGNORoJABISAW oS/OoLATEoSAMLUoJABISAWo VILLAGEoLOWERoBHALUKPUNGo POoANDoPSoBHALUKPUNG oPINo790114o DISToWESToKAMENG oARUNACHALoPRADESH 3:SRIoJIBANoBORA oS/OoMUKUNDAoBORAo RESIDENToOFoKoBoROADo POoANDoPSoNORTHoLAKHMPUR o787031o DISToLAKHIMPUR oASSAMo OWNERoOFoVEHICLEoNO.oAS-07-B-6747 Page No.# 2/3 4:SRI ARUN BARMAN S/O LATE CHAW BARMAN RESIDENT OF K B ROAD PO AND PS NORTH LAKHIMPUR 787031 DIST LAKHIMPUR ASSAM DRIVER OF VEHICLE NO. AS-07-B-674 Advocate for the Petitioner : MR. P HAZARIKA Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG