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Gauhati High Court

New India Assurance Company Ltd. Having ... vs Mrs. Tura Banu And Anr on 20 September, 2022

Author: R.M. Chhaya

Bench: R.M. Chhaya

                                                                      Page No.# 1/2

GAHC010261432019




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : I.A.(Civil)/3563/2019

            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

            1: MRS. TURA BANU AND ANR
            W/O LT. NUR UDDIN, R/O VILL. PUB-ROUMARI,
            P.S. BATADRAWA, DIST. NAGAON, ASSAM, PIN-782122(CLAIMANT)

            2:LONGKI PHANGCHO
            S/O MONIRAM PHANGCHO, R/O TEACHERS COLONY P.O. DIPHU P.S.
            DIPHU DIST. KARBIANGLONG ASSAM PIN-782460(OWNER OF THE
            VEHICLE NO. AS-09/C/9754


Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : MR. M TALUKDAR (OP1)



                           -BEFORE-
             HON'BLE THE CHIEF JUSTICE MR. R.M. CHHAYA

                                          ORDER

Date : 20-09-2022 Heard Ms. P. Borthakur, learned counsel for the applicant/appellant. Also heard Mr. A. Shakil, learned counsel appearing for the respondent No.1.

Page No.# 2/2 By this application under Section 5 of the Limitation Act, 1963 read with proviso to Section 173 of the Motor Vehicles Act, 1988, the applicant/ appellant has prayed for condonation of delay of 9 days in preferring the connected appeal.

Considering the averments made in the application, more particularly in Paragraphs 3 & 4 of this application, I am of the view that the applicant/appellant has been able to establish sufficient cause for condonation of delay.

In the light of the aforesaid, delay of 9 days occurred in filing the connected appeal deserves to be condoned and the same is hereby condoned.

The interlocutory application is allowed. Registry to register and number the connected appeal and list the same for admission hearing on 26.09.2022 before the regular Bench.

CHIEF JUSTICE Comparing Assistant