Allowed

New India Assurance Co. Ltd. v. Kasim Uddin Mazumder and Anr.

Gauhati HC14 Jun 2026I.A.(Civil)/1015/2026

Case brief

AI extract

What is this about?

Public sector insurance company sought condonation of a 28-day delay in appealing a Motor Accident Claims Tribunal award, citing certified-copy procurement, internal approvals and statutory-deposit formalities. Finding the grounds sufficient and bona fide, the court condoned the delay, disposed of the application and directed the appeal to be numbered and registered.

What did the court decide?

Delay of 28 days in filing the connected appeal condoned; application disposed of and appeal directed to be numbered and registered.

New India Assurance Co. Ltd. Vs Kasim Uddin Mazumder and Anr. — Insurance | Gauhati HC (2026)

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GAHC010057482026

2026:GAU-AS:8459

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

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Case No. : I.A.(Civil)/1015/2026

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NEW INDIA ASSURANCE CO. LTD.

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HAVING ITS REGISTERED OFFICE AT 87, M.G. ROAD, FORT, MUMBAI-40001 AND ONE OF THE NORTH EASTERN REGIONAL OFFICE AT LACHIT NAGAR, G.S. ROAD, GUWAHATI, ASSAM-781007

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VERSUS

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KASIM UDDIN MAZUMDER AND ANR S/O ISUB ALI MAZUMDER, VILLAGE- ISLAMABAD, P.O- BHAGABAZAR, P.S- DHOLAI, DIST- CACHAR, ASSAM, PIN- 788120

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2:AMJAD HUSSAIN LASKAR S/O MD. SAMS UDDIN LASKAR R/OP BONGRAM P.O.- BHAGABAZAR P.S.- DHOLAI DIST- CACHAR ASSAM PIN-78812

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Advocate for the Petitioner : MR. R K BHATRA, P C SANGMA,MS. R DAS,A BIYANI Advocate for the Respondent : MR K K KALITA(R2), MR. K UDDIN(R2),MS. K BASUMATARY(R2),MS. G DEKA(R2),T M LAHKAR(R2)

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BEFORE

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HON’BLE MR. JUSTICE KAUSHIK GOSWAMI

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O R D E R

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15.06.2026

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Heard Ms. A. Biyani, learned counsel appearing for the applicant. Also heard Ms. G. Deka, learned counsel appearing for respondent No.2.

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Page No.# 2/3

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2. Office note dated 10.06.2026 indicates that service in respect of respondent No.1 also stands complete. However, none appears on call.

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3. By way of this interlocutory application, the applicant is seeking condonation of delay of 28 (twenty eight) days in preferring the connected appeal impugning the Judgment and Award dated 14.11.2025, passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar, in MAC Case No. 338/2020.

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4. The grounds of delay as pleaded in paragraph Nos. 4 to 8 reads as under:-

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“4. That your humble applicant begs to state that as a Public Sector Undertaking, it is required to act strictly as per the laid down procedures and as such, the files are required to be routed from one office to another and thereafter, the final decision to prefer an appeal or not is taken after obtaining the opinion of dealing advocate as well as the advocate in High Court and in following such procedural aspect, a considerable time is spent.

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That your humble applicant begs to state that in the instant case, after the award was passed, the dealing advocate had applied for the certified copy of judgment and award dated 14.11.2025 on 29.11.2025, and date fixed for notifying requisite stamps and folios was 03.12.2025 and thereafter, the certified copy of judgment and award was obtained, when it was made ready on 03.12.2025, and was thereafter handed over to the applicant on 04.12.2025.

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That your humble applicant begs to state that thereafter, the legal department in the North East Regional Office deliberated amongst themselves and prepared a note on 18.12.2025 and sought approval from higher authorities to file the appeal, and finally approval was accorded on 26.02.2026 and an email dated 10.03.2026 was sent to the appointed advocate entrusting him to prepare the appeal and the entire exercise as narrated above took considerable period of time.

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That your humble applicant begs to state that in the meantime, requisition to prepare statutory cheque was sent to the accounts department and on receipt of the statutory cheque on

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Page No.# 3/3

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26.02.2026, the original file along with the cheque for statutory deposit was sent to the appointed advocate of High Court on 10.03.2026 for preparation and filing of the appeal.

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That your humble applicant begs to state that the appointed advocate immediately started drafting the appeal and connected interlocutory applications after receiving the original file and had sent the drafted Memo of Appeal and connected Interlocutory applications for vetting to the company on 16.03.2026 and on approval the appeal is filed. As such, delay of 28 days had occurred in filing the connected appeal, which is now required to be condoned by this Hon’ble Court. Hence, this petition.”

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5. Ms. G. Deka, learned counsel appearing for the respondent No.2 submits that she has received no instructions to oppose the prayer of condonation.

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6. Having heard the learned counsel appearing for the parties and having perused the grounds of delay, this Court finds the grounds sufficient and bona-fide and accordingly, delay stands condoned.

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7. The interlocutory application stands disposed of.

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8. Let the connected appeal be numbered and registered.

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JUDGE

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Comparing Assistant

New India Assurance Co. Ltd. v. Kasim Uddin Mazumder and Anr.

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New India Assurance Co. Ltd. v. Kasim Uddin Mazumder and Anr.

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