Allowed

Oriental Insurance Company Ltd. v. Nekibuddin Ahmed and Anr.

Gauhati HC10 May 2023I.A.(Civil)/80/2019

Case brief

AI extract

What is this about?

The Gauhati High Courtdisposed of an application under Section 5 of the Limitation Act, 1963. The court accepted substituted service of notice via newspaper publication and condoned the 19-day delay in filing a Motor Accident Claims appeal, finding sufficient cause.

What did the court decide?

Delay of 19 days in preferring the connected Motor Accident Claims appeal is condoned.

Oriental Insurance Company Ltd. Vs Nekibuddin… — Civil Procedure and Limitation | Gauhati HC (2023)

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Page No.# 1/2

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GAHC010003862019

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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)/80/2019

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ORIENTAL INSURANCE COMPANY LTD

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HAVING ITS GAUHATI REGIONAL OFFICE AT GUWAHATI ULUBARI, KAMRUP M REPRESENTED BY THE ASSISTANT MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI 781007,KAMRUP ASSAM

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VERSUS

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NEKIBUDDIN AHMED AND ANR S/O NURUL ISLAM, R/O PO CHALCHALI, PS SADAR, DIST NAGAON, ASSAM, 782141

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2:MD. MUHIBUL ISLAM KHAN S/O ABDUL HAMID KHAN

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VILLAGE MADHYAM SAMARALI, PO CHOUDHURY BAZAAR PS MURAJHAR, DIST NAGAON, ASSAM 78243

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Advocate for the Petitioner : MS. R D MOZUMDAR

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Advocate for the Respondent :

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Linked Case :

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ORIENTAL INSURANCE COMPANY LTD

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VERSUS

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NEKIBUDDIN AHMED AND ANR

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-----------Advocate for : Advocate for : appearing for NEKIBUDDIN AHMED AND ANR

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Page No.# 2/2

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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Date : 10-05-2023

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Learned counsel for the applicant submits that pursuant to order dated 22.2.2023 passed by this Court, substituted service have been effected through paper publication in the “Assam Tribune” and “Niyomiya Barta” and affidavit has also been filed in proof of such publication alongwith the original copies of the news papers.

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Perused the affidavit and the copy of paper publication. Service upon the respondent Nos.1 and 2 is accepted and is treated to be complete. However, none appears for the respondents.

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This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 19 days in preferring the connected MAC appeal against the judgment and award dated 21.8.2018 in MAC Case No.427/2016 passed by learned Member, Motor Accident Claims Tribunal Nagaon.

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The cause of delay is explained at para 3 and 9 of the present application.

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Considering the submission of the learned counsel for the applicant as well as the pleadings made in the paragraphs 3 and 9 of the application, this court is of the opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time. Accordingly delay is condoned.

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Registry to register the connected appeal, if same is not defective and list for Admission .

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IA stands disposed of.

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JUDGE

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Comparing Assistant

Oriental Insurance Company Ltd. v. Nekibuddin Ahmed and Anr.

Case brief

What is this about?

What did the court decide?

Oriental Insurance Company Ltd. v. Nekibuddin Ahmed and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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