This application seeks condonation of a 201-day delay in filing an appeal under Section 5 of the Limitation Act, 1963. The Gauhati High Court, Kohima Bench, found sufficient causes for the delay and granted the prayer, disposing of the interlocutory application.
A delay of 201 days in filing the appeal was condoned.
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GAHC020002452020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
Case No. : I.A.(Civil) 49/2020
1:TATA AIG GENERAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AT PENINSULA BUSINESS PARK, TOWER A, 15TH FLOOR, G.K.MARG, LOWER PAREL, MUMBAI - 400013, WEST BENGAL AND DIVISIONAL OFFICES IN SEVERAL PLACES INCLUDING AT NORTH EASTERN STATES
VERSUS
1:TIANARO AND 3 ORS R/O TULI TOWN, MOKOKCHUNG, NAGALAND
2:TAKOKABA R/O TULI TOWN POLICE STATION - TULI MOKOKCHUNG NAGALAND
3:OPANGNEKEN S/O SUNGJEMKABA R/O TULIKONG WARD TULI TOWN POLICE STATION - TULI MOKOKCHUNG NAGALAND (OWNER OF THE VEHICLE)
4:SENTIWATI S/O SHRI JUNGSHILEMBA
R/O TULIKONG WARD TULI TOWN MOKOKCHUNG NAGALAND (DRIVER OF THE VEHICLE
Advocate for the Petitioner : B. DEVNATH
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Advocate for the Respondent :
Linked Case : MACApp. 6/2020
1:TATA AIG GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT PENINSULA BUSINESS PARK TOWER A 15TH FLOOR G.K.MARG LOWER PAREL MUMBAI - 400013 WEST BENGAL AND DIVISIONAL OFFICES IN SEVERAL PLACES INCLUDING AT NORTH EASTERN STATES
VERSUS 1:TIANARO AND 3 ORS R/O TULI TOWN MOKOKCHUNG NAGALAND 2:TAKOKABA R/O TULI TOWN POLICE STATION - TULI MOKOKCHUNG NAGALAND
3:OPANGNEKEN S/O SUNGJEMKABA R/O TULIKONG WARD TULI TOWN POLICE STATION - TULI MOKOKCHUNG NAGALAND (OWNER OF THE VEHICLE)
4:SENTIWATI S/O SHRI JUNGSHILEMBA R/O TULIKONG WARD TULI TOWN MOKOKCHUNG NAGALAND (DRIVER OF THE VEHICLE) Advocate for the Petitioner : B. DEVNATH
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Advocate for the Respondent : I. APOK PONGENER
- B e f o r e
Hon’ble MR. JUSTICE A.D.CHOUDHURY
:: O R D E R ::
06.04.2022
Heard D. Nagi, the learned counsel for the applicant.
This is an application filed under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 201 days in preferring the connect MACApp./6/2020.
I have also heard Mr. I Apok Pongener, the learned counsel for the opposite party/respondent Nos. 1 and 2 (claimants) who has filed objection to the said application. I have perused the materials available on record and the pleadings of both the parties and the explanation in respect of delay at paragraph 6 of the application.
From the said pleadings as well as the materials available on record, this Court is of considered opinion that there are sufficient causes for which the applicant could not file the appeal in time. Accordingly, the delay of 201 days is condoned.
This Interlocutory Application is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether there are sufficient causes to condone a delay of 201 days in filing an appeal under Section 5 of the Limitation Act, 1963.
1 provisions across 1 enactments
TATA AIG GENERAL INSURANCE COMPANY LTD.
TIANARO AND 3 ORS
A.D. CHOUDHURY
As recorded by the court registry
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