Dismissed

Oriental Insurance Co. Ltd. v. Paresh Paul and 2 Ors.

Gauhati HC1 Apr 2019I.A.(Civil)/1744/2017

Case brief

AI extract

What is this about?

The Guwahati High Court, in an interim application, considered the condonation of delay for filing an appeal. The court accepted the explanation provided by the Oriental Insurance Company regarding internal communications and condensed the 129-day delay despite the respondents' absence.

What did the court decide?

Delay of 129 days in filing the connected appeal is condoned and the interim application is disposed of.

Oriental Insurance Co. Ltd. Vs Paresh Paul… — Civil Procedure and Limitation | Gauhati HC (2019)

¶1

Page No.# 1/3

¶2

GAHC010024332017

¶3

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

¶4

Case No. : I.A.(Civil) 1744/2017

¶5

1:ORIENTAL INSURANCE CO. LTD.

¶6

HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD, NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7, REPRESENTED BY THE REGIONAL MANAGER

¶7

VERSUS

¶8

1:PARESH PAUL and 2 ORS, S/O LATE RAI MOHAN PAUL

¶9

2:NAYANBALA PAUL W/O SRI PARESH PAUL BOTH ARE R/O VILL. GARUBANDHA P.O.KALAIGAON P.S.MANGALDAI DIST. DARRANG ASSAM PIN CODE-

¶10

3:M/S BALAJI CARRIERS IP LTD. BEHIND ASSAM WEIGH BRIDGE N.H. 37 P.O. KHANAPARA GUWAHATI DIST. KAMRUP PIN CODE 781022 OWNER OF THE VEHICLE NO. AS-01-C-C-948

¶11

Advocate for the Petitioner : MS.M CHOUDHURY

¶12

Advocate for the Respondent : MS. M DAS

¶13

BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

¶14

Page No.# 2/3

¶15

ORDER

¶16

Date : 01-04-2019

¶17

Heard Mr. M. Choudhury, the learned counsel for the applicant, who submits that the applicant by filing this application has sought for condonation of 129 days delay in filing the connected appeal against the Judgment & Award dated 22.07.2016, passed by the learned Member, Motor Accidents Claims Tribunal, Darrang, Mangaldai in MAC Case No. (d)112 of 2014.

¶18

Notice was issued on 31.05.2017 and the applicant was directed to take steps for service of notice upon the respondents. Consequent thereof, steps were taken and as per the office note dated 28.03.2019, A/D cards have returned back from the respondents. However, none appears for the respondents today.

¶19

The learned counsel for the applicant by referring to paragraph No. 4 of the application submits that the delay caused in filing the appeal is only due to various communications made between the Branch Office and Regional Officer of the applicant’s Insurance Company, which was necessary for taking a final decision as to whether an appeal should be filed against the impugned judgment or not.

¶20

I have perused the application including paragraph No. 4 of the application and I am satisfied that the applicant has been able to satisfactorily explained the delay.

¶21

In view of above, the delay of 129 days in filing the connected appeal stands condoned.

¶22

I.A is accordingly disposed of.

¶23

JUDGE

¶24

Page No.# 3/3

¶25

Comparing Assistant

Oriental Insurance Co. Ltd. v. Paresh Paul and 2 Ors.

Case brief

What is this about?

What did the court decide?

Oriental Insurance Co. Ltd. v. Paresh Paul and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

State of Mizoram r/b Secretary to the Govt. of Mizoram, Home Department, Aizawl, Mizoram Vs Lalsangliana Chhangte

Dwipen Medhi and 5 Ors. Vs the State of Assam and Ors.

Palash Phukan and 166 Ors. Vs the State of Assam and Ors.

United India Insurance Co. Ltd. Vs Mst Tara Banu and 6 Ors.

National Insurance Co. Ltd. Vs MD Ajizur Rahman @ Ajizul Hoque

The National Insurance Co. Ltd., Vs Smti Manju Dusad and Anr.