This single-line order condones a 33-day delay in filing a cross objection in a motor accident claim appeal. The court accepted the explanation regarding counsel's engagement and dismissed the application without merit.
Delay of 33 days in filing Cross Objection condoned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010195892019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3331/2019
SRI PRANJAL RAJKHOWA
S/O- SRI HEMANTA KR. RAJKHOWA, R/O- H/NO. 33, JATIA, P.S. DISPUR, DIST.- KAMRUP, ASSAM.
VERSUS
ORIENTAL INSURANCE CO. LTD. AND 2 ORS
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27 ASAF ALI ROAD, NEW DELHI-2 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD, GUWAHATI, PALTAN BAZAR, ULUBARI, GUWAHATI- 781007.
2:SRI RUPAM KALITA S/O- SRI BABUL KALITA R/O- H/NO. 20 NEAR FOREST GATE P.S. BASISTHA DIST.- KAMRUP ASSAM- 781038.
3:SRI TILAK DEKA S/O- NARESWAR DEKA R/O- BORIKHADURGA P.S. BARBARI DIST.- BAKSA BTAD ASSAM PIN- 781343
Advocate for the Petitioner : MR D MONDAL Advocate for the Respondent :
BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG
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ORDER
28.04.2022
Heard Mr. D Mondal, learned counsel for the applicant also heard Mr. R C Paul, learned counsel for the opposite party.
This application under Order XLI Rule 22 of the Cr.P.C. read with Section 5 of the Limitation Act has been filed to condone the delay of 33 days in preferring the cross objection arising out of the connected MAC Appeal 311/2019.
Mr. R C Paul, learned counsel for the respondent has not raised any objection.
Learned counsel for the petitioner summits that the delay of 33 days has been explained in paragraph Nos. 2 and 3 of the application which basically states that the delay was due to the treatment that was required to be taken by the mother of the engaged counsel of the applicant and because of which the counsel could not take immediate step for filing the Cross Objection.
Upon hearing the learned counsel for both sides, this Court is of the opinion that the reasons shown for delay is acceptable and find it fit to condone the delay.
Accordingly, the delay of 33 in filing the Cross Objection is hereby condoned.
I.A.(Civil) 3331/2019 thus stands allowed and disposed of.
Registry to register the connected Cross Objection and list the same
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for admission after three weeks.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the delay of 33 days in filing the cross objection can be condoned under Order XLI Rule 22 Cr.P.C. read with Section 5 of the Limitation Act.
2 provisions across 2 enactments
Prajnal Rajkhowa
Oriental Insurance Co. Ltd.
Marli Vankung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
