Allowed

New India Assurance Co. Ltd. v. Smti. Rusen Ara Begum and 5 Ors.

Gauhati HC13 Sept 2026I.A.(Civil)/2276/2026

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an interlocutory application to condone a 22-day delay in filing a connected Marine Accident Claim (MAC) appeal. The court held the delay was sufficiently explained and waived the need for serving notice on one respondent.

What did the court decide?

The interlocutory application to condone a 22-day delay in filing the connected MAC appeal is allowed. Notice to opposite party No. 4 is waived.

New India Assurance Co. Ltd. Vs Smti. Rusen Ara Begum and 5 Ors. — Insurance | Gauhati HC (2026)

Page No.# 1/5

GAHC010129502026

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2276/2026

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NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT 87, M.G. ROAD, FORT, MUMBAI400001 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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SMTI. RUSEN ARA BEGUM AND 5 ORS W/O LATE NIZAMATDDIN AHMED, PRESENTLY R/O VILL.BORPUKHURIPAR, FOREST COMPLEX, SIVASAGAR TOWN, P.O. AND P.S. AND DIST.- SIVASAGAR, ASSAM, PIN- 785640, P/R/O VILL- ARJUNGURI, P.O.- ARJUNGURI, P.S. AND DIST- SIVASAGAR, ASSAM, PIN- 785697

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2:MISS NAZLIN ARA BEGUM D/O LATE NIZAMATDDIN AHMED AND SMTI RUSEN ARA BEGUM PRESENTLY R/O VILL.- BORPUKHURIPAR FOREST COMPLEX SIVASAGAR TOWN P.O. AND P.S. AND DIST.- SIVASAGAR ASSAM PIN- 785640 P/R/O VILL- ARJUNGURI P.O.- ARJUNGURI P.S. AND DIST- SIVASAGAR ASSAM PIN- 785697 (BEING MINOR REPRESENTED BY RESPONDENT NO. 1) 3:RAM KUMAR R REEHAL S/O RULIARAM REEHAL R/O NEAR RAJKAPUR BUNGLOW A/7 LARAPOSE APARTMENT DEONAR FARM ROAD T.F. DEONAR

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Page No.# 2/5

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S.O.T.F. DEONAR MUMBAI MAHARASHTRA- 400088 ALSO AT R/O CHANMARI KOHIMA DIST.- NAGALAND PIN- 797001 4:ANIL KUMAR YADAV S/O PHOOL CHAND YADAV R/O VPO- KACHAGAON NEWADA P.S.- LINE BAZAR NEWADA DIST.- JAUNPUR UTTAR PRADESH PIN- 222002 5:SMTI JORINA BEGUM W/O LATE JEHIROTDDIN AHMED R/O ARJUNGURI GAON P.O.- ARJUNGURI P.S. AND DIST.- SIVASAGAR ASSAM PIN- 785697 6:THE STATE OF ASSAM THE PRINCIPAL SECRETARY ENVIRONMENT AND FOREST DEPARTMENT DISPUR GUWAHATI- 6 KAMRUP (M) (NOTICE THORUGH LEARNED GOVT. PLEADER SIVASAGAR AND ALSO THROUGH DIVISIONAL FOREST OFFICER SIVASAGAR)

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Advocate for the Petitioner : MR. R K BHATRA, MS. R DAS,A BIYANI

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Advocate for the Respondent : SC, FOREST, MS. A LALA(R1,2),MS N KASHYAP(R1,2),MRS R BEGUM(R1,2),MR P KATAKI, SR. ADV.(R1,2)

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

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NEW INDIA ASSURANCE CO LTD

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Page No.# 3/5

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HAVING ITS REGISTERED OFFICE AT 87 M.G. ROAD FORT MUMBAI 400001 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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SMTI RUSEN ARA BEGUM AND ORS W/O LATE NIZAMATDDIN AHMED

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-----------Advocate for : Akanksha Biyani Advocate for : appearing for SMTI RUSEN ARA BEGUM AND ORS

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Linked Case : C.APPLN/0/0

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NEW INDIA ASSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT 87 M.G. ROAD FORT MUMBAI 400001 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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SMTI RUSEN ARA BEGUM AND ORS W/O LATE NIZAMATDDIN AHMED

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-----------Advocate for : Akanksha Biyani Advocate for : appearing for SMTI RUSEN ARA BEGUM AND ORS

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Linked Case : C.APPLN/0/0

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NEW INDIA ASSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT 87 M.G. ROAD FORT MUMBAI 400001 AND ONE OF THE NORTH EASTERN REGIONAL

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Page No.# 4/5

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OFFICE AT LACHIT NAGAR G.S. ROAD GUWAHATI ASSAM 781007

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VERSUS

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SMTI RUSEN ARA BEGUM AND ORS W/O LATE NIZAMATDDIN AHMED

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-----------Advocate for : Akanksha Biyani Advocate for : appearing for SMTI RUSEN ARA BEGUM AND ORS

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BEFORE

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HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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14.09.2026

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1. Heard Mr. R. K. Bhatra, the learned counsel for the applicant. Also heard Ms. R. Begum, the learned counsel for opposite party Nos. 1 and 2/claimants.

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2. The office note dated 08.09.2026 shows that the notice issued to opposite party No.3 have been duly delivered on 31.07.2026. However, the notice issued to opposite party No. 5 could not be served as she has expired on 27.01.2024.

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3. The notice issued to opposite party No. 4 has returned without service.

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4. The learned counsel for opposite party Nos. 1 and 2/claimants has submitted that the said claimants do not have any objection if the delay of 22 days in preferring the connected MAC appeal is condoned.

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5. On the other hand, the learned counsel for the applicant has submitted that the applicant has explained the delay in preferring the connected appeal in paragraph Nos. 3 to 8 of the instant Interlocutory Application.

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6. Since the claimants have not opposed the prayer for condonation of delay, the notice to opposite party No. 4 in this Interlocutory Application is hereby waived.

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7. After considering the grounds stated by the applicant in the instant Interlocutory Application, this Court is of opinion that the delay of 22 days in preferring the connected MAC appeal has been sufficiently explained by the applicant.

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8. As such, the said delay is hereby condoned, and this Interlocutory Application is allowed.

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9. The Registry is directed to register the connected MAC appeal and list the same for admission hearing after a week on a date to be fixed by the Registry.

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JUDGE

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Comparing Assistant

New India Assurance Co. Ltd. v. Smti. Rusen Ara Begum and 5 Ors.

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