Gauhati High Court
The Iffko Tohio General Insurance ... vs Mst. Asmani Begum And 4 Ors on 26 August, 2022
Author: Chief Justice
Bench: Chief Justice
Page No.# 1/5
GAHC010084452018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1452/2018
THE IFFKO TOHIO GENERAL INSURANCE COMPANY LTD
A JOINT VENTURE OF INDIAN FARMERS FERTILIZERS COOPERATIVE
LIMITED AND THE TOKIO MARINE AND NICHIO INSUEANCE CO. LIMITED
HAVING ITS REGISTERED AND HEAD OFFICE AT 42A, SHAKESPEARE
SARANI ,3RD FLOOR, FLAT NO. 3A, EXPRESS TOWER, KOLKOTTA -700017
VERSUS
MST. ASMANI BEGUM AND 4 ORS
W/O LATE HASAN ALI @ ALIL HUSSAIN
2:MISS MINIJUMA BEGUM
D/O LATE HASAN ALI @ALI HUSSAIN
3:MISS SALMA BEGUM
DLO LATE HASAN ALI @ALI HUSSAIN
ALL ARE RESIDENTS OF .
VILLAGE JAYANTIPUR
P.S. SIPAJHAR -784145. DIST. DARRANG
ASSAM .(CLAIMANTS)
4:SRI K AJIT SINGH
S/O K N C SINGH.
R/O MANIPURI BASTI
W/N.32
H/N-9
P.S. PALTANBAZAR
GUWAHATI-781008. DIST. KAMRUP
ASSAM
(OWNER OF THE VEHICLE NO.AS-01/AJ-5394)
5:SRI RAKTIM BORA
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S/O LATE SURJYA BORA
R/O BANFULNAGAR PATH
H/N -60
DISPUR
GUWAHATI -781006.
DIST. KAMRUP
ASSAM (INSURED OF THE VEHICLE NO.AS-01/AJ-5394
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : MR D MONDAL (r-1 to 3)
Linked Case : MFA/49/2018
TH EIFF KO-TOKIO GENERAL INSURANCE CO
A JOINT VENTURE OF INDIAN FARMERS FERTILIZERS COOPERATIVE
LIMITED AND THE TOKIO MARINE AND NICHIO INSUEANCE CO. LIMITED
HAVING ITS REGISTERED AND HEAD OFFICE AT 42A
SHAKESPEARE SARANI
3RD FLOOR
FLAT NO. 3A
EXPRESS TOWER
KOLKOTTA -700017
VERSUS
MST ASMANI BEGUM and 4 ORS
W/O LATE HASAN ALI @ ALIL HUSSAIN
2:MISS MINIJUMA BEGUM
D/O LATE HASAN ALI @ALI HUSSAIN
3:MISS SALMA BEGUM
DLO LATE HASAN ALI @ALI HUSSAIN
ALL ARE RESIDENTS OF .
VILLAGE JAYANTIPUR
P.S. SIPAJHAR -784145. DIST. DARRANG
ASSAM .(CLAIMANTS)
4:SRI K AJIT SINGH
S/O K N C SINGH.
R/O MANIPURI BASTI
W/N.32
Page No.# 3/5
H/N-9
P.S. PALTANBAZAR
GUWAHATI-781008. DIST. KAMRUP
ASSAM
(OWNER OF THE VEHICLE NO.AS-01/AJ-5394)
5:SRI RAKTIM BORA
S/O LATE SURJYA BORA
R/O BANFULNAGAR PATH
H/N -60
DISPUR
GUWAHATI -781006.
DIST. KAMRUP
ASSAM (INSURED OF THE VEHICLE NO.AS-01/AJ-5394)
------------
Advocate for : MS.M SAIKIA
Advocate for : MR. S S S RAHMAN (R1-R3) appearing for MST ASMANI BEGUM
and 4 ORS
Linked Case : I.A.(Civil)/1451/2018
THE IFFKO TOKIO GENERAL INSURANCE COMPANY LTD
A JOINT VENTURE OF INDIAN FARMERS FERTILIZERS COOPERATIVE
LIMITED AND THE TOKIO MARINE AND NICHIO INSUEANCE CO. LIMITED
HAVING ITS REGISTERED AND HEAD OFFICE AT 42A
SHAKESPEARE SARANI
3RD FLOOR
FLAT NO. 3A
EXPRESS TOWER
KOLKOTTA -700017
VERSUS
MST. ASMANI BEGUM AND 4 ORS
W/O LATE HASAN ALI @ ALIL HUSSAIN
2:MISS MINIJUMA BEGUM
D/O LATE HASAN ALI @ALI HUSSAIN
3:MISS SALMA BEGUM
DLO LATE HASAN ALI @ALI HUSSAIN
ALL ARE RESIDENTS OF .
VILLAGE JAYANTIPUR
P.S. SIPAJHAR -784145. DIST. DARRANG
ASSAM .(CLAIMANTS)
4:SRI K AJIT SINGH
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S/O K N C SINGH.
R/O MANIPURI BASTI
W/N.32
H/N-9
P.S. PALTANBAZAR
GUWAHATI-781008. DIST. KAMRUP
ASSAM
(OWNER OF THE VEHICLE NO.AS-01/AJ-5394)
5:SRI RAKTIM BORA
S/O LATE SURJYA BORA
R/O BANFULNAGAR PATH
H/N -60
DISPUR
GUWAHATI -781006.
DIST. KAMRUP
ASSAM (INSURED OF THE VEHICLE NO.AS-01/AJ-5394)
------------
Advocate for : MR. R GOSWAMI
Advocate for : appearing for MST. ASMANI BEGUM AND 4 ORS
BEFORE
HONOURABLE THE CHIEF JUSTICE
ORDER
Date : 26.08.2022 Heard Ms. P. Borthakur , learned counsel for the applicant/appellant. Also heard Mr. D. Mandal, learned counsel for respondent nos. 1, 2 and 3/claimants.
By this application under Section 5 of the Limitation Act, 1963, the applicant/appellant, which is the Insurance Company, has prayed for condonation of delay of 28 days in preferring the connected appeal.
In the facts of the present case, the presence of respondent nos. 4 and 5 is not essential for deciding this application for condonation of delay in filing the appeal.
Considering the averments made in the application, more particularly in Paragraphs 2 and 3 of this application, I am of the view that the Page No.# 5/5 applicant/appellant has been able to establish sufficient cause for condonation of delay.
In the light of the aforesaid, delay of 28 days occurred in filing the connected appeal is required to be condoned and the same is hereby condoned.
Interlocutory application is allowed.
Registry to register and number the connected appeal and list the same for admission hearing on 31.08.2022 before the regular Bench.
CHIEF JUSTICE Comparing Assistant