Allowed

National Insurance Co. Ltd. v. Salma Sultana @ Chalma Chultana and 7 Ors.

Gauhati HC6 Jun 2022I.A.(Civil)/4221/2019

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an application under Section 5 of the Limitation Act, 1963, by an Insurance Company to condone a 5-day delay in filing a connected appeal. The court held that internal communication delays constituted sufficient cause.

What did the court decide?

Delay of 5 days in preferring the connected appeal is hereby condoned in the interest of justice. The application stands allowed and disposed of.

National Insurance Co. Ltd. Vs Salma Sultana @ Chalma Chultana and… — Insurance | Gauhati HC (2022)

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GAHC010292212019

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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)/4221/2019

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NATIONAL INSURANCE CO. LTD REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA700071. REPRESENTED BY THE MANAGER, GAUHATI REGIONAL OFFICE, BHANGAGARH, GUWAHATI-781005.

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VERSUS

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SALMA SULTANA @ CHALMA CHULTANA AND 7 ORS W/O LATE SAFIKUL ISLAM, RESIDENT OF VILL SARIHOTALI , (JONAKIPUR SOPA), P.O. AND P.S. NALBARI, DISTRICT, NALBARI, ASSAM, PIN 781335, PRESENTLY RESIDING AT GANDHIBASTI, P.O. SILPUKHURI, P.S. CHANDMARI, GUWAHATI, DISTRICT KAMRUP (M), ASSAM, PIN 781003.

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2:SOHEL AHMED S/O LATE SAFIKUL ISLAM RESIDENT OF VILL SARIHOTALI (JONAKIPUR SOPA) P.O. AND P.S. NALBARI DISTRICT NALBARI ASSAM PIN 781335 PRESENTLY RESIDING AT GANDHIBASTI P.O. SILPUKHURI P.S. CHANDMARI GUWAHATI DISTRICT KAMRUP (M) ASSAM PIN 781003. 3:MISS SEMINA SULTANA D/O LATE SAFIKUL ISLAM RESIDENT OF VILL SARIHOTALI (JONAKIPUR SOPA) P.O. AND P.S. NALBARI

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Page No.# 2/4

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DISTRICT NALBARI ASSAM PIN 781335 PRESENTLY RESIDING AT GANDHIBASTI P.O. SILPUKHURI P.S. CHANDMARI GUWAHATI DISTRICT KAMRUP (M) ASSAM PIN 781003. 4:MRS. KANCHAN BIBI M/O LATE SAFIKUL ISLAM RESIDENT OF VILL SARIHOTALI (JONAKIPUR SOPA) P.O. AND P.S. NALBARI DISTRICT NALBARI ASSAM PIN 781335 PRESENTLY RESIDING AT GANDHIBASTI P.O. SILPUKHURI P.S. CHANDMARI GUWAHATI DISTRICT KAMRUP (M) ASSAM PIN 781003. 5:SRI DEBESWAR RAVA S/O LATE PRAFULLA RAVA R/O VILLAGE BHERAKHAT P.O. AND P.S. TAMULPUR DIST. BAKSA (BTAD) ASSAM PIN 781367 (OWNER) 6:MD. SAHAR ALI S/O MD. WAHED ALI R/O VILLAGE GOPINATHPUR P.O. AND P.S. TAMULPUR DIST. BAKSA (BTAD) ASSAM PIN 781367 (DRIVER)

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7:MD. TAFAJUL ALI S/O MAKTAB ALI R/O VILL. DOULGOBINDAPUR WARD NO.4 P.O. MILANPUR DIST. NALBARI ASSAM PIN 781337. (OWNER)

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8:UNITED INDIA INSURANCE CO. LTD REPRESENTED BY REGIONAL MANAGER REGIONAL OFFICE ABC BHANGAGARH GUWAHATI PIN 78100

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Advocate for the Petitioner : MS. R D MOZUMDAR Advocate for the Respondent : MR A HUSSAIN

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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 06.06.2022

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Heard Ms. C. Mozumdar, learned counsel for the applicant/ Insurance Company. Also heard Mr. A. T. Sarkar, learned counsel, appearing on behalf of respondents No. 1 to 4; Ms. J. Paul, learned counsel, appearing on behalf of respondent No. 6; and Mr. S. Dutta, learned counsel, appearing on behalf of respondent No. 8.

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Office Note, dated 27.05.2022, indicates that notice on respondents No. 5 & 7 have been duly served.

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This is an application preferred by the applicant/Insurance Company under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 5 days, in preferring the connected appeal which is directed against the judgment & award, dated 22.08.2019, passed by the learned Member, MACT No. 1, Kamrup, Guwahati, in MAC Case No. 1178/2016.

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The reason for the delay in not preferring the connected MAC. appeal within the stipulated time has been explained by the applicant/Insurance Company in the accompanying application, stating that the delay of 5 days has occurred due to the communications made between the Maligaon Divisoinal Office of the applicant/Insurance Company and the Guwahati Regional Office of the applicant/Insurance Company for preferring the connected appeal.

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Upon consideration of the explanation provided by the applicant/Insurance Company in the accompanying application, as highlighted hereinabove; I am satisfied that there was no laches and negligence on the part of the applicant/Insurance Company and the applicant/Insurance Company was prevented by a sufficient cause in not preferring the connected MAC. appeal within the stipulated time period.

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In view of the above, the delay of 5 days in preferring the connected appeal is hereby condoned in the interest of justice.

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The interlocutory application stands allowed and accordingly stands disposed of.

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Registry shall list the connected appeal for admission hearing after a week by showing the names of the learned counsels representing the respondents in the Cause List in this appeal.

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JUDGE

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Comparing Assistant

National Insurance Co. Ltd. v. Salma Sultana @ Chalma Chultana and 7 Ors.

Case brief

What is this about?

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National Insurance Co. Ltd. v. Salma Sultana @ Chalma Chultana and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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