Icici Lombard General Insurance Company Ltd v. Rabiya Khatun and 5 Ors

ORDER Date : 31.05.2024 Heard Ms. M. Saikia, learned counsel for the applicant along with Mr. D. Mondal, learned counsel for the respondents No. 1 to 4. It is seen that notice was to be served upon respondents No. 5 and 6 through Dasti service, however, the learned counsel for the applicant has prayed for time for filing the affidavit of Dasti service. The learned counsels for both the parties submits that the instant application is for condonation of delay of only 17 days, which may be heard and disposed of today. Mr. D. Mondal, learned counsel for the respondents No. 1 to 4 submits that considering the less number of days for which the condonation has been filed, they will file no objection. Ms. M. Saikia, learned counsel for the applicant submits that the reasons for the delay of 17 days have been explained at paragraph-2 of the application. The delay is mainly due to the time taken for receiving the advice from the panel advocates and also time taken for collecting the desired documents and clarifications. I have heard the submissions made by the learned counsel for both the parties, this Court has perused the paragraph-2 of the application, wherein this Court finds that the delay of 17 days in filing the instant appeal against the Page No.# 4/4 Judgment and award dated 24.03.2023 passed by the learned Member, MACT, Naogaon in MAC Case No.234/2019 has been sufficiently explained. This Court finds that the delay of 17 days is not due to negligence or laches on the part of the applicant and delay is condoned. Accordingly, I.A.(Civil) No. 2003/2023 stands allowed and disposed of. On the disposal of the instant I.A., the Registry to number the appeal application and list the for admission. The name of Mr. D. Mondal, learned counsel for the respondents No.1 to 4 is to be duly reflected in the cause list thereafter.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010156532023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2003/2023o ICICIoLOMBARDoGENERALoINSURANCEoCOMPANYoLTD.o HAVINGoITSoREGISTEREDoOFFICEoANDoHEADoOFFICEoAToHEADoICICIo BANKoTOWERS,oBANDRAoKURLAoCOMPLEX,oMUMBAIo400051oITSoZONALo OFFICEoAToAPEEJAYoHOUSE,o15oPARKoSTREET,o7THoFLOOR,oKOLKATAo 700016oANDoAoBRANCHoOFFICEoAToKAMAKHYAoTOWER,o3RDoFLOOR,o OFFICEoNO.o305oANDo305,oGSoROAD,oGUWAHATIo781005,oASSAM VERSUSo RABIYAoKHATUNoANDo5oORS.o W/OoLATEoMOTIBURoRAHMANo@oMATIURoRAHMAN,o RESIDENToOFoVILLAGEoRAJAoALI,o POoKAMPUR,oPSoKACHUA,oDISToNAGAON,oASSAMo782426 2:ASHIQURoRAHMAN oS/OoLATEoMOTIBURoRAHMANo@oMATIURoRAHMAN o RESIDENToOFoVILLAGEoRAJAoALI o POoKAMPUR oPSoKACHUA oDISToNAGAON oASSAMo782426 3:SALIMAoYASMIN oD/OoLATEoMOTIBURoRAHMANo@oMATIURoRAHMAN o RESIDENToOFoVILLAGEoRAJAoALI o POoKAMPUR oPSoKACHUA oDISToNAGAON Page No.# 2/4 ASSAM 782426 4:MISS NARGIS SULTANA D/O LATE MOTIBUR RAHMAN @ MATIUR RAHMAN RESIDENT OF VILLAGE RAJA ALI PO KAMPUR PS KACHUA DIST NAGAON ASSAM 782426 TO BE REP. BY. RES. NO. 1 5:MD. JAIN UDDIN S/O S MIYA RESIDENT OF VILLAGE JONGJAP PADUMONIGAON PO KAMPUR PS KACHUA DIST NAGAON ASSAM 782450 6:MD KAMAL UDDIN S/O MD. ABDUL RAHMAN RESIDENT OF VILLAGE JURIRPAR PO JURIRPAR BO PS KACHUA DIST NAGAON ASSAM 78242 Advocate for the Petitioner : MR. R GOSWAMI Advocate for the Respondent : MR D MONDAL (R-1 AND 3) Linked Case : ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. VERSUS RABIYA KHATUN AND 5 ORS. A Page No.# 3/4 ------------ Advocate for : MR. R GOSWAMI Advocate for : appearing for RABIYA KHATUN AND 5 ORS. A BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG