Allowed

Sri Sadan Kharai and 5 Ors. v. Mr. Bedanidhi Newar and Anr.

Gauhati HC9 Aug 2022I.A.(Civil)/1437/2020

Case brief

AI extract

What is this about?

This order considers an interlocutory application seeking condonation of an 87-day delay in filing an appeal. The Gauhati High Court, after hearing counsels and perusing pleadings, found the delay sufficiently explained with no mala fides and allowed the application.

What did the court decide?

The delay of 87 days in filing the accompanying appeal is condoned; Registry directed to number and list the appeal after 2 weeks.

Sri Sadan Kharai and 5 Ors. Vs Mr. Bedanidhi… — Civil Procedure and Limitation | Gauhati HC (2022)

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GAHC010044632020

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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)/1437/2020

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SRI SADAN KHARAI AND 5 ORS

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S/O LATE D. KHARAI, R/O VILL. MAKHAGURI, P.O. ULUKUNCHI, MOUZA AMBRI, P.S. BAITHALANGSO, DIST. KARBI ANGLONG, ASSAM, PIN 782410

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2: SMTI CHANCHALI KHARAI W/O SRI SADAN KHARAI R/O VILL. MAKHAGURI P.O. ULUKUNCHI MOUZA AMBRI P.S. BAITHALANGSO DIST. KARBI ANGLONG ASSAM PIN 782410

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3: SMTI SUNALI KHARAI D/O SRI SADAN KHARAI R/O VILL. MAKHAGURI P.O. ULUKUNCHI MOUZA AMBRI P.S. BAITHALANGSO DIST. KARBI ANGLONG ASSAM PIN 782410 4: PHAGUSING KHARAI S/O SRI SADAN KHARAI R/O VILL. MAKHAGURI P.O. ULUKUNCHI MOUZA AMBRI P.S. BAITHALANGSO DIST. KARBI ANGLONG ASSAM PIN 782410

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5: RIYANSING KHARAI S/O SRI SADAN KHARAI R/O VILL. MAKHAGURI P.O. ULUKUNCHI MOUZA AMBRI P.S. BAITHALANGSO DIST. KARBI ANGLONG ASSAM PIN 782410

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VERSUS

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MR. BEDANIDHI NEWAR AND ANR

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S/O SRI CHANDRA BAHADUR NEWAR, R/O VILL. BOTAHGHURI, NEAR GANESH MANDIR, PANJABARI, GUWAHATI-37, DIST. KAMRUP, ASSAM.

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2:UNITED INDIA INSURANCE CO. LTD. REPRESENTED BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE G.S. ROAD CHRISTIANBASTI GUWAHATI-

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Advocate for the Petitioner : MR. M TALUKDAR

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Advocate for the Respondent : MR V K BAROOAH

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Linked Case : MAC.App/2591/2020 (Filing Number)

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SRI SADAN KHARAI AND 5 ORS S/O LATE D. KHARAI

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R/O VILL. MAKHAGURI P.O. ULUKUNCHI MOUZA AMBRI P.S. BAITHALANGSO DIST. KARBI ANGLONG ASSAM PIN 782410

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2: SMTI CHANCHALI KHARAI W/O SRI SADAN KHARAI R/O VILL. MAKHAGURI P.O. ULUKUNCHI MOUZA AMBRI P.S. BAITHALANGSO DIST. KARBI ANGLONG ASSAM PIN 782410

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3: SMTI SUNALI KHARAI D/O SRI SADAN KHARAI R/O VILL. MAKHAGURI P.O. ULUKUNCHI MOUZA AMBRI P.S. BAITHALANGSO DIST. KARBI ANGLONG ASSAM PIN 782410

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4: PHAGUSING KHARAI S/O SRI SADAN KHARAI R/O VILL. MAKHAGURI P.O. ULUKUNCHI MOUZA AMBRI P.S. BAITHALANGSO DIST. KARBI ANGLONG ASSAM PIN 782410

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5: RIYANSING KHARAI S/O SRI SADAN KHARAI R/O VILL. MAKHAGURI P.O. ULUKUNCHI MOUZA AMBRI P.S. BAITHALANGSO DIST. KARBI ANGLONG ASSAM PIN 782410

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6: RASHMITA KHARAI D/O SRI SADAN KHARAI R/O VILL. MAKHAGURI P.O. ULUKUNCHI MOUZA AMBRI P.S. BAITHALANGSO DIST. KARBI ANGLONG ASSAM PIN 782410 (APPELLANT NO. 3 TO 6 BEING MINORS ARE REPRESENTED BY THEIR FATHER APPELLANT NO. 1) VERSUS MR. BEDANIDHI NEWAR AND ANR S/O SRI CHANDRA BAHADUR NEWAR R/O VILL. BOTAHGHURI NEAR GANESH MANDIR PANJABARI GUWAHATI-37 DIST. KAMRUP ASSAM.

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2:UNITED INDIA INSURANCE CO. LTD. REPRESENTED BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE G.S. ROAD CHRISTIANBASTI GUWAHATI-5 -----------Advocate for : MR. M TALUKDAR Advocate for : appearing for MR. BEDANIDHI NEWAR AND ANR

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 09.08.2022

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Office Note dated 02.08.2022 reflects service on respondent No.1 is completed as the same was received by his wife.

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Mr. M. Talukdar, learned counsel appears for the applicant and Mr. V. K. Baruah, learned counsel appears for the

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respondent No.2.

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Although the Office note reflects service on respondent No.1 to be complete but none had represented for the respondent No.1 today when the matter is called up. None appears for respondent No.2 also although it is shown to be represented by a Counsel.

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This Interlocutory Application has been filed for condonation of delay of 87 (eighty seven) days in filing the accompanying appeal. The appeal has been preferred by the claimants being aggrieved by the Judgment and Award dated 28.08.2019 passed by the learned Member, MACT, Morigaon, Assam in MAC Case No. 04/2012.

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Upon hearing the learned counsels appearing for the parties and upon perusal of the pleadings, it is seen that the delay has been sufficiently explained. The explanation put forth for the delay that has occurred does not reveal any mala fides nor can it be seen as a dilatory strategy. On the grounds urged in the I.A., this Court finds that the delay that had occurred in filing the accompanying appeal can be condoned. Relying upon the principle laid down in N. Balakrishnan –VsM. Krishnamurthy reported in (1998) 7 SCC 123, the delay of 87 (eighty seven) days in filing the accompanying appeal against the Judgment and Award dated 28.08.2019 passed by the learned Member, MACT, Morigaon, Assam in MAC Case No. 04/2012 is hereby condoned.

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Interlocutory Application is accordingly allowed and

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disposed of.

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Registry is directed to number the accompanying appeal and list it before the Court after 2 (two) weeks.

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JUDGE

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Comparing Assistant

Sri Sadan Kharai and 5 Ors. v. Mr. Bedanidhi Newar and Anr.

Case brief

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Sri Sadan Kharai and 5 Ors. v. Mr. Bedanidhi Newar and Anr.

Case brief

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