Disposed¶30

National Insurance Company Limited v. Asma Bibi

Gauhati HC3 Apr 2025I.A.(Civil)/953/2025

Case brief

AI extract

What is this about?

Condonation of delay; Section 5 of the Limitation Act, 1963; delay of 83 days; MAC Appeal; MACApp. Case No. 1807/2025; MACApp. Case No. 1809/2025; Caveat CAVT. No. 02302/025; National Insurance Company Limited; judgment and award dated 20.08.2024 in MAC Case No. 18/2018; sole respondent/claimant no objection; Gauhati High Court; Justice Mridul Kumar Kalita; order dated 04.04.2025; I.A.(Civil)/953/2025; delay sufficiently explained and condoned; Registry directed to register appeal for admission hearing next week.

What did the court decide?

Delay of 83 days in filing the connected MACAppeal condoned; Registry directed to register the appeal and list it for admission hearing in the next week showing A.R. Agarwala as counsel for the respondent; Interlocutory Application disposed of. ¶30

National Insurance Company Limited Vs Asma Bibi — Gauhati HC (2025) — LawSathi Research

Page No.# 1/4

GAHC010030892025

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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)/953/2025

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NATIONAL INSURANCE COMPANY LIMITED

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HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ONE OF THE REGIONAL OFFICE KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S ROAD, BHANGAGARH, GUWAHATI 5

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VERSUS

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ASMA BIBI

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W/O. LT. AKKEL ALI, R/O VILL-DUMARDAHA PART IV, P/S. GAURIPUR, P/O BALAJAN, PIN- 783331, DIST DHUBRI, ASSAM.

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2:AMINUR ISLAM S/O. LT. AKKEL ALI R/O. VILL.- BUMARDAHA PART-IV P/S. GAURIPUR P/O. BALAJAN PIN-783331 DIST. DHUBRI ASSAM.

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3:ARIFUL ISLAM S/O. LT. VILL.DUMARDAHA PART-IV P/S. GAURIPUR P/O. BALAJAN PIN-783331 DIST. DHUBRI ASSAM.

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4:APINA KHATUN D/O. LT. AKKEL ALI R/O. VILL.- DUMARDAHA PART-IV P/S. GAURIPUR

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Page No.# 2/4

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P/O. BALAJAN PIN-783331 DIST. DHUBRI ASSAM. 5:AKKASH ALI S/O. AKKEL ALI R/O. VILL.- DUMARDAHA PART-IV P/S. GAURIPUR P/O. BALAJAN PIN-783331 DIST. DHUBRI ASSAM. 6:AKLIMA KHATUN D/O. LT. AKKEL ALI R/O. VILL.- DUMARDAHA PART-IV P/S. GAURIPUR P/O. BALAJAN PIN-783331 DIST. DHUBRI ASSAM. 7:EMRAN ALI S/O. LT. AKKEL ALI R/O. VILL.- DUMARDAHA PART-IV P/S. GAURIPUR P/O. BALAJAN PIN-783331 DIST. DHUBRI ASSAM.

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8:MOFIJUL HOQUE S/O. NOSIR ALI R/O. VILL.- ROWA PART-II P/O. MODUSOULMARI P/S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 9:MOFIJUL ALI S/O. DELDAR ALI R/O. VILL.- CHAGOLIA PART-II P/O. CHAGOLIA P/S. GOLAKGANJ DIST. DHUBRI ASSAM

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Page No.# 3/4

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Advocate for the Petitioner : P GOSWAMI, MS L SHARMA,MR. K K BHATTA

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Advocate for the Respondent : FOR CAVEATOR, MR ADITYA AGARWALA,MR. A R AGARWALA

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CAVT. No. 02302/025 In

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MACApp. Case No. 1807/2025 WITH MACApp. Case No. 1807/2025(Filing Number) WITH MACApp. Case No. 1809/2025

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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04.04.2025

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1. Heard Ms. L. Sharma, the learned counsel for the applicant. Also heard Mr. A.R. Agarwala, the learned counsel for the sole respondent/claimant. 2. This application under Section 5 of the Limitation Act, 1963 has been filed for condoning the delay of 83 days in filing the connected MACAppeal, wherein, the applicant has impugned the judgment and award dated 20.08.2024 passed in MAC Case No. 18/2018.

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3. The learned counsel for the sole respondent/claimant submits that he does not have any objection if the delay is condoned.

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4. After considering the submissions made by the learned counsel for the parties as well as after considering the grounds for delay mentioned in

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Page No.# 4/4

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paragraph numbers 2 and 3 of the petition, this Court is of the considered opinion that the delay in preferring the connected MAC Appeal has been sufficiently explained.

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5. In view of the above, the delay of 83 days in filing the connected MACAppeal, in preferring the connected MAC Appeal is hereby condoned.

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6. The Registry is directed to register the connected MACAppeal and list the same for admission hearing in the next week, showing the name of Mr. Mr.

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A.R. Agarwala, as the learned counsel for the respondent.

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7. This Interlocutory Application is accordingly disposed of.

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JUDGE

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Comparing Assistant

National Insurance Company Limited v. Asma Bibi

Case brief

What is this about?

What did the court decide?

National Insurance Company Limited v. Asma Bibi

Case brief

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What the court decided

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