Single judge order allowing an interlocutory application filed by an Insurance Company. The court condoned a 62-day delay in filing the appeal, directed listing of the file, and ordered the company to make statutory deposit if not done.
Condonation of 62 days delay; I.A. allowed and disposed; appeal listed after 2 weeks.
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GAHC010068352018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1154/2018
THE NATIONAL INSURANCE CO. LTD
HAVING ITS REGISTERED AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA 700071 AND ONE OF THE REGIONAL OFFICES AT G.S. ROAD, BHANGAGARH, GUWAHATI 781005
VERSUS
RAMJAN KHAN AND 2 ORS S/O LATE GOLAP KHAN, R/O VILL. KHELLY, P.O. NIZ RAMPUR, P.S. KALGACHIA, DIST. BARPETA, ASSAM, PIN 781319
2:RAHITAN NESSA W/O RAMJAN KHAN R/O VILL. KHELLY P.O. NIZ RAMPUR P.S KALGACHIA DIST. BARPETA ASSAM PIN 781319
3:MD. EUNUS KHAN S/O UMAR KHAN R/O VILL. RADHAKUCHI P.S. AND DIST. BARPETA ASSAM PIN 78130
Advocate for the Petitioner : MR. A J SAIKIA
Advocate for the Respondent : MR K JAIN (R-1,2)
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Linked Case : MACApp./227/2018
THE NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA 700071 AND ONE OF THE REGIONAL OFFICES AT G.S. ROAD BHANGAGARH GUWAHATI 781005
VERSUS
RAMJAN KHAN AND 2 ORS S/O LATE GOLAP KHAN R/O VILL. KHELLY P.O. NIZ RAMPUR P.S. KALGACHIA DIST. BARPETA ASSAM PIN 781319
2:RAHITAN NESSA W/O RAMJAN KHAN R/O VILL. KHELLY P.O. NIZ RAMPUR P.S KALGACHIA DIST. BARPETA ASSAM PIN 781319 3:MD. EUNUS KHAN S/O UMAR KHAN R/O VILL. RADHAKUCHI P.S. AND DIST. BARPETA ASSAM PIN 781309 -----------Advocate for : MR. A J SAIKIA Advocate for : appearing for RAMJAN KHAN AND 2 ORS
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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 10-08-2022
Heard Mr. G. S. Boro, learned counsel for the applicant. Also heard Mr. S. Islam, learned counsel for the respondent Nos. 1 and 2.
This Interlocutory Application has been filed by the Insurance Company praying for condonation of delay of 62 days that occurred in filing the accompanying appeal. The appeal was filed by the Insurance Company against the Judgment and Award dated 29.08.2017 passed by the learned Member, Motor Accidents Claims Tribunal, Barpeta in MAC Case No. 278/2016.
The learned counsel for the applicant has been heard. The grounds urged in the I.A. have been duly perused. It is seen that the grounds urged in this I.A. can be considered to be sufficient explanation for the delay that has occurred in filing the accompanying appeal.
The learned counsel representing the respondent Nos. 1 and 2 does not object to the prayer made for the condonation of delay.
Accordingly, let the delay of 62 days be condoned. I.A. is accordingly, allowed and disposed of.
Registry is directed to list the accompanying appeal before the Court after 2(two) weeks along with application for stay, if any.
The Insurance Company is however directed to make the statutory deposit, if not already done.
The Registry is directed to reflect the names of both the counsels by
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listing the appeal.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to condone the delay of 62 days in filing the interlocutory application?
The National Insurance Co. Ltd
Ramjan Khan And Others
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
