Allowed

New India Assurance Company Ltd. v. Musstt Marufa Begum and 2 Ors.

Gauhati HC3 Apr 2019I.A.(Civil)/31/2019

Case brief

AI extract

What is this about?

In this interlocutory order, the Gauhati High Court condensed a 56-day delay in filing a connected appeal by the applicant, New India Assurance Company Ltd., accepting the explanation regarding document procurement from outstation and the consent of respondents.

What did the court decide?

The delay of 56 days in filing the connected appeal is hereby condoned. The interlocutory application stands disposed off accordingly.

New India Assurance Company Ltd. Vs Musstt… — Civil Procedure and Limitation | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010001402019

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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) 31/2019

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1:NEW INDIA ASSURANCE COMPANY LTD

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HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87,MG ROAD, FORT MUMBAI AND ITS REGIONAL OFFICE AT GS ROAD, BHANGAGARH, GUWAHATI

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VERSUS

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1:MUSSTT MARUFA BEGUM AND 2 ORS W/O LATE SOFIQUL ISLAM. R/O VILLAGE KUPUTIMARI, PO BHURAGAON, PS BHURAGAON, DIST MORIGAON, ASSAM 782121 CLAIMANT

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2:MD. ABUL HASEEM S/O LATE MONSUR ALI R/O VILLAGE GOROIMARI PS LAHARIGHAT DIST MORIGAON ASSAM 782127 OWNER OF VEHICLE NO AS-21C-0564(TATA MAGIC)

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3:SRI DADUL DEKA S/O SRI HEMEN DEKA R/O VILLAGE SANKARPUR PO BORKULAI PS JAGIROAD DIST MORIGAON ASSAM 782410

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Page No.# 2/3

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DRIVER OF VEHICLE NO AS-21C-0564(TATA MAGIC

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Advocate for the Petitioner : MR. R GOSWAMI

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Advocate for the Respondent : MR. A ALAMGEER (R2)

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BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 03-04-2019

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Heard Mr. R Goswami, the learned counsel for the applicant, who submits that the applicant by filing this application has sought for condonation of 56 (fifty six) days delay in filing the connected appeal.

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Notice was issued to the respondents vide order dated 09.01.2019 pursuant to which the respondents have appeared through their respective counsels.

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Mr. M Talukdar, learned counsel appears for the respondent No. 1, whereas Mr. M Alamgeer appears for the respondent No.2. Although Mr. R Kalita, the learned counsel is engaged by the respondent No. 3, he is absent today.

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Referring to the application, Mr. Goswami, the learned counsel for the applicant submitted that the delay of 56 (fifty six) days in filing the connected appeal is mainly on account of procuring the documents from outstation. He therefore, submits that the delay in filing the appeal may be condoned. The learned counsel appearing for the respondent Nos. 1 and 2 also submit that they have no objection to the condonation of the delay.

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Upon perusal of the application, more particularly the para Nos. 2 and 3, I am of the view that the applicant has satisfactorily explained the delay in filing the appeal. As such, the delay of 56 (fifty six) days in filing the connected appeal is hereby condoned.

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Page No.# 3/3

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Interlocutory application stands disposed off accordingly.

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JUDGE

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Comparing Assistant

New India Assurance Company Ltd. v. Musstt Marufa Begum and 2 Ors.

Case brief

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New India Assurance Company Ltd. v. Musstt Marufa Begum and 2 Ors.

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