Renu Gowala v. Oriental Insurance Com. Ltd and 2 Ors

PageoNo.#o1/2 GAHC010260802022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/91/2023o RENUoGOWALAo W/OoLATEoMADANoGOWALA,o RESIDENToOFoVILLAGEoSANIPARAoKADAM,oPOoANDoPSoBOGINODI,oDISTo LAKHIMPUR,oASSAM VERSUSo ORIENTALoINSURANCEoCOM.oLTDoANDo2oORSo REPRESENTEDoBYoREGIONALoMANAGER,oGUAHATIoGSoROAD,oULUBARI,o ASSAM AdvocateoforotheoPetitionerooooo:oBoRoDASo AdvocateoforotheoRespondento:oMRoSISHIRoDUTTAo(OP1)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo ::kBEFOREk::k HON'BLEkMR.kJUSTICEkPARTHIVJYOTIkSAIKIA kOkkkRkkkDkkkEkkkRk

08.05.2024 o Heard Mr. B.R. Das, learned counsel appearing for the applicant. Also heard Ms. M. Choudhury, learned counsel representing Respondent No.1.

2.ooooooooo This is an application under Section 5 of the Limitation Act praying for Page No.# 2/2 condonation of 2169 days of delay in preferring the connected appeal.

¶3The MAC Case No.77/2012 was disposed of on 20.09.2014 by the learned Tribunal situated at North Lakhimpur. Thereafter, on expiry of 1415 days of delay, the MAC Appeal No.16(AP)/2018 was filed before the Itanagar Permanent Bench of this Court.

¶4On 08.01.2020, this Court held that since the Tribunal is situated within the State of Assam, therefore, the Permanent Bench situated at Arunachal Pradesh does not have the jurisdiction.

¶5Thereafter, COVID-19 came in and the applicant also became ill.

¶6I have gone through the application filed by the applicant as well as objection filed by the Insurance Company.

¶7I am of the considered opinion that the delay has not been properly explained. Accordingly, the application under 5 of the Limitation Act is found to be devoid of merit and stands rejected. The Interlocutory Application is disposed of. JUDGE Comparing Assistant