Gauhati High Court
National Insurance Company Ltd vs Bhupen Choudhury And 2 Ors on 26 April, 2024
Page No.# 1/3
GAHC010120622023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1591/2023
NATIONAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH G.S
ROAD, GUWAHATI 781005 REPRESENTED BY THE CHIEF REGIONAL
MANAGER, GUWAHATI REGIONAL OFFICE
VERSUS
BHUPEN CHOUDHURY AND 2 ORS.
S/O LATE MAHIM CHOUDHURY,
RESIDENT OF VILLAGE DAMDAMA, PS HAJO, DIST KAMRUP, ASSAM
781104
2:SRI NIBARAN THAKURIA
S/O DHANIRAM THAKURIA
RESIDENT OF VILLAGE SANDHELI MAKRAPARA
PS AND DIST NALBARI
ASSAM 781353
3:SRI PAPUL DAS
S/O DANDI DAS
RESIDENT OF ARIKUCHI
PS AND DIST NALBARI
ASSAM
78133
Advocate for the Petitioner : MR T KALITA
Advocate for the Respondent : MR N BARMAN (r-2)
Page No.# 2/3
Linked Case :
NATIONAL INSURANCE COMPANY LTD
VERSUS
BHUPEN CHOUDHURY AND 2 ORS. H
------------
Advocate for : MR T KALITA
Advocate for : appearing for BHUPEN CHOUDHURY AND 2 ORS. H
BEFORE
HONOURABLE MR. JUSTICE K. SEMA
ORDER
Date : 26.04.2024 Heard Mr. T. Kalita, learned counsel for the applicant. Mr. A. N. Iqbal, learned counsel for the respondent No.1 and Mr. Berlia Deuri, learned counsel for the respondent No.2. The present application has been filed under Section 5 of the Limitation Act, 1963 read with Section 173 of the Motor Vehicles Act for condoning the delay of 109 days in filing the connected Appeal against the judgment and order dated 29.10.2022, passed by the learned Member, MACT No.3, Kamrup(M) at Guwahati in MAC Case No. 1951/2017.
The delay has been explained in paragraph Nos. 4 to 8 of the Page No.# 3/3 application.
This Court, on perusal of the application seeking for condonation of delay, is satisfied that the applicant has satisfactorily explained the delay of 109 days.
The delay of 109 days is, therefore, condoned. Learned counsel for the respondent Nos. 1 and 2 has also no objection to the application for condoning the delay.
The application stands disposed.
The Registry is directed to register the appeal. Mr. A. N. Iqbal, learned counsel for the respondent No.1 and Mr. Berlia Deuri, learned counsel for the respondent No.2 shall be reflected in the daily Causelist.
JUDGE Comparing Assistant