Disposed

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

Gauhati HC11 Feb 2019I.A.(Civil)/2326/2017

Case brief

AI extract

What is this about?

This order records the disposal of an interim application for condonation of delay in filing an appeal against a judgment and award. The High Court allowed the application by condoning a delay longer than specified in the filing.

What did the court decide?

The application under Section 5 of the Limitation Act is allowed; delay of 23 days is condoned; appeal listed for admission.

United India Insurance Co. Ltd. Vs Mst. Tara Banu and 6 Ors. — Insurance | Gauhati HC (2019)

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GAHC010134162017

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

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Case No. : I.A.(Civil) 2326/2017

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1:UNITED INDIA INSURANCE CO. LTD.

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HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD, GUWAHATI, ASSAM.

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VERSUS

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1:MST. TARA BANU and 6 ORS,

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W/O HOMAN MIAH, R/O VILL. TELEPARA, P.O. and P.S. MANKACHAR, DIST. DHUBRI, ASSAM-783131

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2:MD.HOMAN MIAH R/O VILL. TELEPARA P.O. and P.S. MANKACHAR DIST. DHUBRI ASSAM-783131

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3:GOPAL SAHA S/O SRI DAM SAHA R/O GOALPARA 2NO COLONY P.O. and P.S. GOALPARA DIST. GOALPARA ASSAM 783101

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4:NURUL ALI S/O NUR ALI R/O VILL. KUCHNIMARA P.O. and P.S. MANKACHAR DIST. DHUBRI ASSAM-783131

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5:NISHER AHMED S/O ROFIQUE

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Page No.# 2/3

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R/O VILL. BILOSHPUR MOHOJJOLA NAGAR KAMMRE P.O. and P.S. KAMRE UTTAR PRADESH 244921

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6:ABDUL RASHID S/O ABDUL WAHID R/O VILL. DARJEECHOWK P.O. and P.S. SISGAR DIST. BORELI UTTAR PRADESH 243003 7:M/S NATIONAL INSURANCE CO. LTD. REPRESENTED BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE GUWAHATI G.S. ROAD BHANGAGARH GUWAHATI 781005 ASSAM

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Advocate for the Petitioner : MR.K K BHATTA

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Advocate for the Respondent : MR. S RAHMAN

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BEFORE

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HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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Date : 11-02-2019

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Heard Ms. J. Talukdar, learned counsel appearing on instruction of Shri K. K. Bhatta, learned counsel for the appellant/applicant.

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The learned counsel has referred to the Office Note dated 05.02.2019 and submits that so far as the respondent Nos. 1, 2, 3 & 7 are concerned, they have entered appearance by filing Vakalatnama. However, so far as the respondent No. 4 & 6 are concerned, the notices have returned un-served with remark not found. The learned counsel further submits that respondent No. 4 & 6 are driver and may not be necessary at the time of adjudication of this appeal. So far as the respondent No. 5 is concerned, there is a report, regarding service, dated 09.01.2018.

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The learned counsel has referred to paragraphs 3, 4 & 5 of this petition to

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explain the delay of 22 days for preferring this appeal.

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Shri S. Rahman, learned counsel for respondent No. 1 & 2 does not oppose the condonation of such delay and contends that he would rather contest the appeal on its merit.

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In view of the same, this application filed under Section 5 of the Limitation Act, is allowed and delay of 23 days in preferring the appeal against the judgment and award dated 01.03.2017, passed by the learned Member, MACT No. 1, Kamrup in MAC Case No. 1796 of 2011, is condoned.

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List the appeal for admission after a week.

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I.A. (Civil)/2326/2017 is disposed of .

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JUDGE

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Comparing Assistant

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

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd. v. Mst. Tara Banu and 6 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

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