SBI General Insurance Co. Ltd v. Arti Tamang Barman and Anr

ORDER Date : 26.07.2023

Heard Mr. T. Tayeng, learned counsel for the applicant/appellant. Also heard Mr. L. Perme, learned counsel for the respondent No.1/claimant. Office note dated 25.07.2023 reveals that the service of notice upon the respondent No.2 has already been taken through newspaper publication and in this regard an affidavit has been filed. This is an application filed under Section 5 of the Limitation Act, 1963 read with proviso to Section 173 of the Motor Vehicles Act, 1988 for condonation of delay of 15 days in preferring the connected appeal. It is submitted by the learned counsel for the applicant/appellant, Mr. T. Tayeng, that there was no wilful negligence on the part of the applicant/appellant, however, while obtaining the certified copy of the petition and by fulfilling other formalities it took longer time than it was anticipated. The delay in filling this instant appeal is also well explained in paragraph 4 & 5 of the petition. In this regard, Mr. L. Perme, learned counsel for the respondent has raised objection in condoning the delay of 15 days in preferring the connected appeal. Considering the submission made by the learned counsel for the applicant/appellant as well as considering the grounds mentioned in paragraph 4 and 5 of the petition, and also for the ends of justice, the Interlocutory Page No.# 5/5 Application for condonation of delay is hereby allowed and the delay of 15 days in preferring the connected appeal stands condoned. The Interlocutory Application, i.e. I.A.(C)197(AP)/2022 stands disposed of in terms above. Let the connected appeal along with I.A.(C)198(AP)/2022 be listed for final hearing after 2(two) weeks on a date to be fixed by the Registry. JUDGE Comparing Assistant

Page No.# 1/5 GAHC040011282022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/197/2022 SBI General Insurance Co. Ltd. Having its registered office at 15th Floor, PS Srijan Corporate Park, Plot No. G 2, Block EP and GP, Sector V, Bidhannagar, Kolkata 700091, West Bengal and one of the North East Regional Office at Lakshmi Darshan Building, 2nd Floor, GS Rd, Opposite Bora Service Station Complex, Ulubari, G.S Road, Guwahati. W/o Late Gangaram Tamang. aged about 40 years, permanent resident of Village Mulangao, PO and PS Rangapara, Sonitpur District, Assam. Occupation Advocate for the Petitioner : T Tayeng Advocate for the Respondent : A Lamnio Linked Case : IA(C)/198/2022 SBI General Insurance Co. Ltd Address:Having its registered office at 15th Floor Page No.# 2/5 PS Srijan Corporate Park Plot No. G 2 Block EP and GP Sector V Bidhannagar Kolkata 700091 West Bengal and one of the North East Regional Office at Lakshmi Darshan Building 2nd Floor GS Rd Opposite Bora Service Station Complex Ulubari G.S Road Guwahati. Address:W/o Late Gangaram Tamang. aged about 40 years permanent resident of Village Mulangao PO and PS Rangapara Sonitpur District Assam Address:S/o Shri Sagam Waii Proprietor of M/s Waii Traders Permanent Resident of Village Waii PO Khenewa PS Seppa East Kameng District Arunachal Pradesh. Responden/Owner of the Vehicle No. AR 05 4010 ------------ Advocate for : T Tayeng Advocate for : A Lamnio appearing for Arti Tamang Barman and Anr.: Advocate , appearing for 2, respectively. Linked Case : MACApp./14/2022 SBI General Insurance Co. Ltd Page No.# 3/5 Address:Having its registered office at 15th Floor PS Srijan Corporate Park Plot No. G 2 Block EP and GP Sector V Bidhannagar Kolkata 700091 West Bengal and one of the North East Regional Office at Lakshmi Darshan Building 2nd Floor GS Rd Opposite Bora Service Station Complex Ulubari G.S Road Guwahati. Address:W/o Late Gangaram Tamang. aged about 40 years permanent resident of Village Mulangao PO and PS Rangapara Sonitpur District Assam. Address:S/o Shri Sagam Waii Proprietor of M/s Waii Traders Permanent Resident of Village Waii PO Khenewa PS Seppa East Kameng District Arunachal Pradesh. Responden/Owner of the Vehicle No. AR 05 4010 ------------ Advocate for : T Tayeng Advocate for : A Lamnio appearing for Arti Tamang Barman and Anr.: Advocate , appearing for 2, respectively. BEFORE HONBLE MRS. JUSTICE MITALI THAKURIA Page No.# 4/5