Sujit Paul @ Sujit Ch. Paul v. United India Insurance Company Ltd. and 2 Ors

ORDER Date : 02.09.2024

¶1Heard Mr. A. R. Agarwala, learned counsel for the applicant. Also heard Ms. S. Dev, learned counsel for the respondent No. 1.

¶2This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant for condoning the delay of 238 days in preferring the connected MAC appeal, whereby the applicant intents to impugned the judgment and order dated 11.01.2023 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati in MAC Case No. 2666/2018.

¶3Though, on earlier occasion, the respondent No. 1 had sought time for filing written objection, however, no such written objection has been filed. The learned counsel for the respondent No. 1 has orally objected to the prayer for condoning the delay made by the applicant.

¶4The learned counsel for the applicant has submitted that the reasons for delay caused in preferring the connected appeal has been stated in paragraph Nos. 3, 4, 5, 6 and 7 of the condonation of delay petition.

¶5I have considered the submissions made by the learned counsel for both the sides and gone through the reasons shown by the applicant for the delay cause in preferring the connected MAC appeal.

¶6After considering the grounds mentioned for the delay, in paragraph Nos. 3, 4, 5, 6 and 7 of the condonation application for condoning the delay, this Court of considered opinion that delay of 238 days have been sufficiently Page No.# 3/3 explained by the applicant in preferring the connected MAC appeal. Hence, this interlocutory application is hereby allowed and delay of 238 days is hereby condoned.

¶7Let the MAC Appeal be registered and list the same for admission after one week.

¶8The name of Mr. M. Dutta, learned counsel be also shown in the cause-list as counsel for the respondent No. 1 henceforth.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010268792023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3831/2023o SUJIToPAULo@oSUJIToCH.oPAULo S/OoLATEoNIBARANoPAULo@oNIBARANoCH.oPAUL,o VILL.-oKANUAMARI,oP.S.-oSAMAGURI-o782140,oDIST.-oNAGAONo(ASSAM). VERSUSo UNITEDoINDIAoINSURANCEoCOMPANYoLTD.oANDo2oORS.o REGIONALoOFFICE,oG.S.oROAD,oCHRISTIANoBASTI,oP.O.-oGUWAHATI-o 781005,oDIST.-oKAMRUPo(M)o(ASSAM). 2:KAMALESWARoBARUAH oS/OoLATEoPRABHAToBARUAH o VILL.oANDoP.O.-oJAKHALABANDHA-o782136 oDIST.-oNAGAONo(ASSAM). 3:ABDULoKALAMoAZAD oS/OoLATEoPIYARANJAN o VILL.-oNARTAM oP.O.-oSADARoNAGAON-o782001 oDIST.-oNAGAONo AdvocateoforotheoPetitionerooooo:oMR.oAoRoAGARWALA,oMS.oRoLAILA,MRoADITYAo AGARWALA,MD.oKoALIo AdvocateoforotheoRespondento:oMR.oMoDUTTAo(r-1),oMSoSoDEVo(r-1)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA