Jamuna Newar and 4 Ors v. Oriental Insurance Company Ltd and Anr

ORDER Date : 09-08-2024 Heard Mr. A. R. Agarwala, learned counsel for the applicant. No one appears on behalf of the respondent although the name of Ms. L. Sharma, has been reflected as the learned counsel for the respondent no. 1 in the cause list. The notice upon the respondent no. 2 returned with the postal remark, " No such person in this address" Mr. A. R. Agarwala, learned counsel for the applicant submits that the connected appeal is for enhancement against the Insurance company as such, the presence of the respondent no. 2 for condonation of the delay is not necessary, hence, prays for striking off the name of respondent no. 2 from the array of the application. The name of respondent no. 2 stands struck off from the array of the application at the risk of the learned counsel for the applicant. This is an application filed under section 5 of the Limitation Act, 1963 for condonation of delay of 193 days in preferring the connected appeal against the judgment and order dated 29.10.2022, passed by the learned Member, MACT No. 2, Kamrup(M), Guwahati in MAC case no. 468/2019. Page No.# 4/4 The ground for delay in not preferring the connected appeal on time has been explained in para 3, 4, 5 and 6 of the application. Upon consideration of the above explanation, this Court is satisfied that the applicant has been able to show sufficient cause for not preferring the connected appeal within the stipulated time. Moreover, the respondent no. 1 appears to have no objection, as despite of receipt of the application has not filed any objection nor appeared to raise any objection. In view of the above, the delay of 193 days in preferring the connected appeal is hereby condoned. With the above, this IA stands disposed of. The Office shall register the connected appeal, and list it for admission by reflecting the name of Ms. L. Sharma as the learned counsel for the respondent no. 1. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010268752023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3818/2023o JAMUNAoNEWARoANDo4oORS.o W/OoLATEoBABALUo@oBABLUoNEWAR,o RESIDENToOFoVILLAGEoFORESToCOLONY,oBALIJAN,oPSoDIGBOI,oDISTo TINSUKIA,oASSAM 2:oAYUSHoNEWAR oS/OoLATEoBABALUo@oBABLUoNEWAR o RESIDENToOFoVILLAGEoFORESToCOLONY oBALIJAN oPSoDIGBOI oDISToTINSUKIA oASSAMo TOoBEoREP.oBYoPET.oNO.o1 3:oPALAKoNEWAR oD/OoLATEoBABALUo@oBABLUoNEWAR o RESIDENToOFoVILLAGEoFORESToCOLONY oBALIJAN oPSoDIGBOI oDISToTINSUKIA oASSAMo TOoBEoREP.oBYoPET.oNO.o1 4:oMINUoNEWAR oW/OoPREMoBAHADURoNEWAR o RESIDENToOFoVILLAGEoFORESToCOLONY oBALIJAN oPSoDIGBOI oDISToTINSUKIA oASSAM Page No.# 2/4 5: PREM BAHADUR NEWAR S/O LATE DHAN BAHADUR NEWAR RESIDENT OF VILLAGE FOREST COLONY BALIJAN PS DIGBOI DIST TINSUKIA ASSA VERSUS ORIENTAL INSURANCE COMPANY LTD AND ANR. REGIONAL OFFICE GUWAHATI ULUBARI, GS ROAD, PO GUWAHATI 781007, DIST KAMRUP M ASSAM 2:REHAN UDDIN S/O SAHABUDDIN ALI RESIDENT OF VILLAGE LEDO BAZAR BASTI PS MARGHERITA 786182 DIST TINSUKIA ASSA Advocate for the Petitioner : MR. A R AGARWALA, MR ADITYA AGARWALA,MD. K ALI Advocate for the Respondent : MS L SHARMA(R-1), Linked Case : JAMUNA NEWAR AND 4 ORS. VERSUS ORIENTAL INSURANCE COMPANY LTD AND ANR. A ------------ Advocate for : MR. A R AGARWALA Advocate for : appearing for ORIENTAL INSURANCE COMPANY LTD AND ANR. Page No.# 3/4 A BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG