Allowed

The Reliance General Insurance Co. Ltd. v. Smti Kamala Ujir and 2 Ors.

Gauhati HC4 Jun 2019I.A.(Civil)/4338/2017

Case brief

AI extract

What is this about?

The Gauhati High Court considered an application for condonation of delay by the applicant insurer in preferring a connected appeal against an impugned judgment dated 8.5.2017. Finding insufficient grounds for delay but merits in the case, the court condoned the delay of 116 days with a cost.

What did the court decide?

Delay of 116 days in preferring the connected appeal was condoned with a cost of Rs. 1,000/-.

The Reliance General Insurance Co. Ltd. Vs Smti Kamala Ujir and 2 Ors. — Gauhati HC (2019) — LawSathi Research

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Page No.# 1/3

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GAHC010061832017

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THE GAUHATI HIGH COURT

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

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Case No. : I.A.(Civil) 4338/2017

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1:THE RELIANCE GENERAL INSURANCE CO. LTD

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HAVING ITS REGISTERED OFFICE AT 19, RELIANCE CENTRE, WALCHAND HIRACHAND MARG, BALLARD ESTATE, MUMBAI 400001 AND CORPORATE OFFICE AT 570 RECTIFIER HOUSE, NAGAUM CROSS, NEXT TO ROYAL INDUSTRIAL ESTATE, WADALA W, MUMBAI 400031 AND ONE OF THE BRANCH OFFICE AT ANIL PLAZA 5TH FLOOR G.S. ROAD, BHANGAGARH, GUWAHATI 781005

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VERSUS

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1:SMTI KAMALA UJIR and 2 ORS

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W/O BIJAY KUMAR RANA, R/O PALTANBAZAR POLICE RESERVE, P.S. PALTAN BAZAR, GUWAHATI, DIST. KAMRUP M, ASSAM, PIN 781008

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Advocate for the Petitioner : MR.N N BHUYAN

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Advocate for the Respondent : MS D D ROY

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 04-06-2019

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Heard Mr. A.J. Saikia, learned counsel for the applicant and Ms. D.D. Roy,

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learned counsel for the respondent No 1.

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Notice issued to the respondent Nos. 2 & 3 returned after service.

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Page No.# 2/3

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However, none appears for the respondent Nos. 2 & 3.

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Mr. A.J. Saikia, learned counsel for the applicant submits that the delay of 116 days in preferring the connected appeal was occurred due to late receipt of certified copy of the judgment of the learned Tribunal by the office of the company, which was received on 1.6.2017. But without the copy of the evidence of the witnesses, the appeal memo could not be drafted. As such, the copy of the deposition of the witnesses were asked to be furnished by the company which took some time and then to complete the entire official process of the company also consumed time accordingly delay in preparing the connected appeal.

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Ms. D.D. Roy, learned counsel appearing for the opposite party No. 1 submits that the grounds shown by the applicant/insurance company are not sufficient as a company is a legal person and the liability of the company is same to that of a natural person.

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Upon hearing the learned counsel for both sides and considering the grounds cited by the applicant/insurance company, more particularly in paragraph-4 of the application, this court finds that there was no sufficient grounds for the applicant/insurance company preventing it from preferring the connected appeal within the prescribed period of limitation.

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However, considering the fact that the memo of appeal contains some merits for adjudication, the delay, as prayed for is condoned.

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Accordingly, the delay of 116 days in preferring the connected appeal against the impugned judgment and award, dated 8.5.2017, passed by the learned M.A.C.T. No. 2, Guwahati, is

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hereby condoned with a cost of Rs. 1,000/- to be deposited with the Assam State Legal Services Authority within 15 (fifteen) days.

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Page No.# 3/3

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The I.A. stands disposed of.

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JUDGE

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Comparing Assistant

The Reliance General Insurance Co. Ltd. v. Smti Kamala Ujir and 2 Ors.

Case brief

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The Reliance General Insurance Co. Ltd. v. Smti Kamala Ujir and 2 Ors.

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