Allowed

The United India Insurance Co. Ltd. v. Smti Purnima Roy and 2 Ors.

Gauhati HC2 Sept 2019I.A.(Civil)/1417/2018

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an application seeking condonation of a 65-day delay in preferring a review petition. The court found the petitioner's reasons sufficient under Section 5 of the Limitation Act and disposed of the interim application.

What did the court decide?

The petition praying for condonation of a 65-day delay in preferring the review petition is allowed, and the delay is condoned.

The United India Insurance Co. Ltd. Vs Smti… — Contract and Commercial Disputes | Gauhati HC (2019)

¶1

Page No.# 1/3

¶2

GAHC010081812018

¶3

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

¶4

Case No. : I.A.(Civil) 1417/2018

¶5

1:THE UNITED INDIA INSURANCE CO. LTD. SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA, REGISTERED HEAD OFFICE AT 24 WHITES ROAD, MADRAS 600014 REPRESENTED BY THE ADMINISTRATIVE OFFICER, GAUHATI REGIONAL OFFICE, BHANGAGARH, GUWAHATI 781005

¶6

VERSUS

¶7

1:SMTI PURNIMA ROY AND 2 ORS, W/O SRI MAHINI MOHAN ROY, VILL. MOKRAPARA, P.O. K/BHOTGAON, P.S.AND DIST. KOKRAJHAR, BTC, ASSAM, PIN783370

¶8

2:SRI MAHINI MOHAN ROY S/O LT. RAJBIHARI ROY VILL. KOKRAPARA P.O. -K/BHOTGAON P.S. AND DIST. KOKRAJHAR BTC ASSAM PIN 78337

¶9

Advocate for the Petitioner : MS. R D MOZUMDAR

¶10

Advocate for the Respondent :

¶11

Linked Case : Review.Pet. 52/2018

¶12

1:THE UNITED INDIA INSURANCE CO. LTD. SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA REGISTERED HEAD OFFICE AT 24 WHITES ROAD

¶13

Page No.# 2/3

¶14

MADRAS 600014 REPRESENTED BY THE ADMINISTRATIVE OFFICER GAUHATI REGIONAL OFFICE BHANGAGARH GUWAHATI 781005

¶15

VERSUS

¶16

1:SMTI PURNIMA ROY AND 2 ORS

¶17

W/O SRI MAHINI MOHAN ROY VILL. MOKRAPARA P.O. K/BHOTGAON P.S.AND DIST. KOKRAJHAR BTC ASSAM.

¶18

2:SRI MAHINI MOHAN ROY S/O LT. RAJBIHARI ROY VILL. KOKRAPARA P.O. -K/BHOTGAON P.S. AND DIST. KOKRAJHAR BTC ASSAM.

¶19

3:SRI SIB PRASAD GHOSE S/O SRI BISWANATH GHOSE R/O KOKRAJHAR SUBHASH PALLY WARD NO. 3 P.O. P.S. AND DIST. KOKRAJHAR BTC (ASSAM)

¶20

Advocate for the Petitioner : MS. R D MOZUMDAR Advocate for the Respondent :

¶21

BEFORE

¶22

HONOURABLE MR. JUSTICE MIR ALFAZ ALI

¶23

ORDER

¶24

Date : 02-09-2019

¶25

Learned counsel Ms. R.D. Mazumdar is in attendance and heard.

¶26

Page No.# 3/3

¶27

None appears for the respondents, though notices were served.

¶28

By this application under Section 5 of the Limitation Act, the petitioner has prayed for condoning the delay of 65 days in preferring the review petition against the judgment passed in MAC Appeals No. 98/2012 & 92/2013.

¶29

The delay has been explained in paragraphs 5, 6, 7 and 8 of the petition.

¶30

Having heard the learned counsel for the petitioner and also the reasons assigned for the delay in the petition, I am of the view that in the facts and circumstances of the case, the reasons shown by the petitioner can be construed as ‘sufficient reason’ so as to condone the delay. Accordingly, the petition is allowed. The delay of 65 days in preferring the review petition is condoned.

¶31

List the connected petition after two weeks.

¶32

I.A. stands disposed of.

¶33

JUDGE

¶34

Comparing Assistant

The United India Insurance Co. Ltd. v. Smti Purnima Roy and 2 Ors.

Case brief

What is this about?

What did the court decide?

The United India Insurance Co. Ltd. v. Smti Purnima Roy and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Keshob Saikia Vs Md. Akkash Ali and 3 Ors.

Shri Babul Chandra Kalita Vs Sri Ganesh Chandra Ghosh

Abdul Matleb and Anr. Vs Ishahoque @ Ishaher Ali and 2 Ors.

Rajen Choudhury Vs the State of Assam

Abul Kalam Azad Vs the State of Assam

Noni Gopal Das and 6 Ors. Vs Sri Jogen Ch. Deka