New India Assurance Company Ltd v. Pabita Thanu and 2 Ors

ORDER Date : 17.09.2024 Heard Mr. T. Tayeng, learned counsel for the applicant. This is an application filed under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 100 days in filing the connected Mac appeal No.22/2022. Mr. R. L. Thungon, learned counsel has appeared on behalf of the respondent No.1 on 01.03.2023, however, no power has been filed as on date. The learned counsel for the applicant has filed an affidavit regarding the proof of dasti service upon the respondents No.2 and 3, which is taken on record. Therefore, the service upon all the respondents are complete. Having considered the grounds for condoning the delay of 100 days in filing the connected MAC appeal, this Court is satisfied that sufficient cause is shown which prevented the applicant from filing the connected appeal within time. Thus, I deem it appropriate to allow this application by condoning the delay of 100 days in filing the connected MAC appeal. Accordingly, the Interlocutory Application is allowed and the delay of 100 days in filing the Page No.# 3/3 connected MAC appeal is hereby condoned. The I.A. stands allowed and disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC040015252022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/251/2022 New India Assurance Company Ltd. Having its Registered Office and Head Office at 87, M.G. Road, Fort, Mumbai and its Regional Office at Star City Complex, 5th Floor, Lachit Nagar, near Hanuman Mandir, G.S. Road, Guwahati 781007 VERSUS Pabita Thanu and 2 Ors. D/o Late Mon Bahadur Thani, Resident of Village Garamara Gaon, PO and PS Chariduar, Sonitpur District, Assam. 2:Gyanu Bahadur Age: 0 Occupation : S/o Late Kul Bahadur Resident of Gandhi Colony Bomdila PO and PS Bomdila West Kameng District Arunachal Pradesh. Owner of the Vehicle. 3:Kishan Biswakarma Age: 0 Occupation : S/o Shri Rajo Biswakarma Village Digli Basti PO and PS Chariduar Sonitpur District Assam. Driver of the Offending Vehicle Advocate for the Petitioner : T Tayeng, Page No.# 2/3 Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE KARDAK ETE