Allowed¶37

Krishnendu Chakraborty v. Fulmoti Dutta and Ors.

Gauhati HC5 Nov 2025I.A.(Civil)/1272/2025

Case brief

AI extract

What is this about?

Condonation of delay; 861 days; Section 5, Limitation Act 1963; review application Misc.Cas. No. 09/2022 rejected 05.07.2024; original MAC Case no. 1117/2015; insurance not part of police report; applicant Krishnendu Chakraborty; respondents Fulmoti Dutta, Sashanka Mohan Dutta, Purnima Rani Dutta and The New India Assurance Co. Ltd.; Gauhati High Court; Mrs. Justice Susmita Phukan Khaund; order dated 06.11.2025; delay condoned; Registry to register connected appeal; linked case RP(FAM.CT.)/0/0.

What did the court decide?

Delay of 861 days in filing the connected appeal condoned; Registry directed to register the connected appeal; the I.A. stands disposed of. ¶37

Krishnendu Chakraborty Vs Fulmoti Dutta and Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/4

GAHC010055112025

undefined

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/1272/2025

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KRISHNENDU CHAKRABORTY S/O- KALI KISHORE CHAKRABORTY, PERMANENT R/O- SWASTI DHAM, PANCHAYAT ROAD, PO AND PS- SILCHAR, DIST- CACHAR, ASSAM

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VERSUS

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FULMOTI DUTTA AND ORS W/O- SASHANKA MOHAN DUTTA, VILL- KURKARI PT- IV, PO- KALAIN, PS- KATIGORAH, DIST- CACHAR, ASSAM

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2:SASHANKA MOHAN DUTTA S/O- LATE SUNA CHAND DUTTA VILL- KURKARI PT- IV

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PO- KALAIN PS- KATIGORAH

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DIST- CACHAR ASSAM

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3:PURNIMA RANI DUTTA D/O- SRI SASHANKA MOHAN DUTTA

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VILL- KURKARI PT- IV

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PO- KALAIN PS- KATIGORAH

DIST- CACHAR

Page No.# 2/4

ASSAM

4:THE NEW INDIA ASSURANCE CO. LTD. REPRESENTED BY THE DIVISIONAL MANAGER

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THE NEW INDIA ASSURANCE CO. LTD

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SILCHAR OPERATING OFFICE PROGRESSIVE HEIGHT 1ST FLOOR HOSPITAL ROAD P.O. AND P.S- SILCHAR

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DIST- CACHAR ASSA

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Advocate for the Petitioner : MR SANJAY SUTRADHAR, MR A B DEY

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Advocate for the Respondent : MS L SHARMA (R-4), MS P SARMA (R-1,3),MR. R SHARMA (R1,3),MR. S K GOSWAMI (R-1,3)

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Linked Case : RP(FAM.CT.)/0/0

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KRISHNENDU CHAKRABORTY S/O- KALI KISHORE CHAKRABORTY PERMANENT R/O- SWASTI DHAM PANCHAYAT ROAD PO AND PS- SILCHAR DIST- CACHAR ASSAM

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VERSUS

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FULMOTI DUTTA W/O- SASHANKA MOHAN DUTTA VILL- KURKARI PT IV PO KALAIN PS KATIGORAH DIST- CACHAR ASSAM

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Page No.# 3/4

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Advocate for : MR SANJAY SUTRADHAR Advocate for : appearing for FULMOTI DUTTA

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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06.11.2025

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Heard learned counsel Mr. A. B. Dey on behalf of the applicant, Krishnendu Chakraborty and learned counsel Mr. S. K. Goswami for the respondent Nos. 1, 2 & 3.

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This application has been filed under Section 5 of the Limitation Act, 1963 with prayer for condonation of delay of 861 days in filing the connected appeal. This delay was the result of a review application which was filed before the learned Trial Court and the pendency of the review application in the Tribunal. The review application however was rejected on 05.07.2024 by the learned tribunal in connection with Misc.Cas. No. 09/2022.

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It appears that sufficient grounds have been shown. It is submitted at the Bar that the review application was filed with a prayer to consider the insurance which was not made part of the Police report in the original MAC Case no. 1117/2015. No inaction is discernable on the part of the applicant.

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After considering the submissions at the Bar, this appears to be a just case to condone the delay. Hereby, delay is condoned.

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Registry to register the connected appeal.

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In terms of the above observation, this I.A. stands disposed of.

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Page No.# 4/4

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JUDGE

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Comparing Assistant

Krishnendu Chakraborty v. Fulmoti Dutta and Ors.

Case brief

What is this about?

What did the court decide?

Krishnendu Chakraborty v. Fulmoti Dutta and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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