In a jurisdiction application, the Guwahati High Court allowed the National Insurance Company Ltd. an application for condonation of a 157-day delay in filing a connected statutory appeal. No objection was raised by the respondents.
The application seeking condonation of delay of 157 days is allowed.
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GAHC010025452017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1859/2017
SMTI TUNTRI NAEZARY and 2 ORS, W/O LATE JYOTISH NARZARY
2: NAL KUMAR NARZARY
S/O LATE JYOTISH NARZARY
3: MISS FARMAINA NARZARY
D/O LATE JYOTISH NARZARY ALL ARE R/O VILL. KHAGRABARI P.O. BONARGAON P.S. DOTMA DIST. KOKRAJHAR BTAD ASSAM
VERSUS
DIVISIONAL MANAGER and 3 ORS, NATIONAL INSURANCE CO. LTD. AT KOKRAJHAR, P.O., DIST. KOKRAJHAR, BTAD ASSAM, PIN 783370
2:BRANCH MANAGER
NATIONAL INSURANCE CO. LTD. AT KOKRAJHAR P.O. DIST. KOKRAJHAR BTAD ASSAM PIN 783370
3:JITEN RAY
S/O LATE CHENI RAM ROY VILL. and P.O. CHIPANCHILA P.S. and DIST. KOKRAJHAR BTAD
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ASSAM PIN 783370
4:TARUN SINGHA
S/O LATE LAKHGI KANTA SINGHA VILL. SALBARI P.O. and DIST. BONGAIGAON ASSAM PIN 78338
Advocate for the Petitioner : MR.R K MUSHAHARY
Advocate for the Respondent : MR S R NAWAZ
Linked Case : I.A.(Civil)/1780/2017
THE NATIONAL INSURANCE CO. LTD. SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA REGISTERED HEAD OFFICE AT 3 MIDDLETON STREET CALCUTTA 700071 REPRESENTED BY THE ASSTT. MANAGER GAUHATI REGIONAL OFFICE BHANGAGARH GUWAHATI 781005
VERSUS
SMTI TUNTRI NARZARY and 4 ORS
W/O LATE JYOTISH NARZARY
2:NAL KUMAR NARZARY S/O LATE JYOTISH NARZARY 3:MISS FWRMAINA NARZARY D/O LATE JYOTISH NARZARY ALL ARE R/O VILL. KHAGRABARI P.O. BANARGAON P.S. DOTMA DIST. KOKRAJHAR BTAD ASSAM PIN 783347
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4:JITEN RAY S/O LATE CHENI RAM RAY VILL. CHIPONCHILA KALIPARA P.O. CHIPONCHILA DIST. BONGAIGAON ASSAM PIN 783380 OWNER 5:TARUN SINGHA S/O SRI LAKHI KT. SINGHA VILL. SALBARI P.O. BONGAIGAON DIST. BONGAIGAON ASSAM PIN 783389 DRIVER -----------Advocate for : MR.S P SHARMA Advocate for : MR.J U AHMEDR- 1 2and3 appearing for SMTI TUNTRI NARZARY and 4 ORS
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
12.03.2021
Heard Ms. R.D. Mazumdar, learned counsel for the applicant/ Insurance Company and Mr. J.U. Ahmed, learned counsel for the respondent Nos. 1, 2 & 3. None appears for the respondent Nos. 4 & 5 inspite of notices being recorded to have been duly served in the office notice
This I.A. has been filed by the Insurance Company seeking condonation of delay of 157 days that has occurred in filing the connected statutory appeal.
Mr. J.U. Ahmed, learned counsel for the respondent Nos. 1, 2 & 3, however, does not object to the condonation of the delay as this is a connected appeal in respect of the same of order passed by the learned Tribunal in MAC Case No. 55/2014 in Judgment dated 12.07.2016 against which the claimant has also filed an appeal seeking enhancement of the award. Having heard the learned counsel of both sides and having perused the grounds taken, I am satisfied that the application seeking condonation of delay of 157 days can be allowed and the same is allowed.
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The I.A. stands disposed off.
Registry to register the connected MAC Appeal and list the same accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether an application seeking condonation of delay of 157 days in filing a connected statutory appeal should be allowed.
National Insurance Co. Ltd.
Smti Tuntri Narzary
Nal Kumar Narzary
Miss Farmaina Narzary
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
