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UNITED INDIA INSURANCE COMPANY LTD., v. SMTI. ANITA BORAH AND 6 ORS.

Court: Gauhati High Court

Bench: HONOURABLE MR. JUSTICE MIR ALFAZ ALI

Judgment date:

Case summary

Gauhati High Court judgment dated 2020-11-25. UNITED INDIA INSURANCE COMPANY LTD., v. SMTI. ANITA BORAH AND 6 ORS. Read the judgment and case details on...

Judgment text

Page No. # 1/3 GAHC010318172019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I. A. (Civil)/1474/2019 UNITED INDIA INSURANCE COMPANY LTD. Address:HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24 WHITES ROAD CHENNAI AND ITS REGIONAL OFFICE AT G. S. ROAD DISPUR GUWAHATI. VERSUS SMTI. ANITA BORAH AND 6 ORS. Address:W/O- LATE PROBIN CH. BORAH R/O- VILL. - KAKOJAN DULIAJAN P. O. KAKOJAN P. S. TEOK DIST. - JORHAT ASSAM PIN- 785107. 2:SRI ABINASH BORAH Address:S/O- LATE PROBIN CH. BORAH R/O- VILL. - KAKOJAN DULIAJAN P. O. KAKOJAN P. S. TEOK DIST. - JORHAT ASSAM PIN- 785107. (RESPONDENT. 2 BEING MINOR REP. BY MOTHER RES. NO. 1. ) 3:MISS ANUSKA BORAH Address:S/O- LATE PROBIN CH. BORAH R/O- VILL. - KAKOJAN DULIAJAN P. O. KAKOJAN Page No. # 2/3 P. S. TEOK DIST. - JORHAT ASSAM PIN- 785107. (RESPONDENT. 3 BEING MINOR REP. BY MOTHER RES. NO. 1. ) 4:SMT. KHUDAMAI BORAH Address:W/O- SRI KONPAI BORAH R/O- VILL. - KAKOJAN DULIAJAN P. O. KAKOJAN P. S.

TEOK DIST. - JORHAT ASSAM PIN- 785107. 5:SRI KONPAI BORAH Address:S/O- LATE MAHARAM BORAH R/O- VILL. - KAKOJAN DULIAJAN P. O. KAKOJAN P. S. TEOK DIST. - JORHAT ASSAM PIN- 785107. 6:SRI RAJU BASNET Address:S/O- BAM BAHADUR BASNET R/O- VILL. - KANGLATONGBI SHANTIPUR IMPHAL WEST (MANIPUR) PIN- 795136. (OWNER OF OIL TANKER NO. NL-01/G-5952). 7:SRI BIJOY TAMANG Address:S/O- BIR BAHADUR TAMANG R/O- VILL. AND P. O. - KALAPAHAR P. S. KANGPAKOI DIST. - SENAPATI (MANIPUR) PIN- 795122. ------------ Advocate for : MR. R GOSWAMI Advocate for : MR. Z IQBAL appearing for SMTI. ANITA BORAH AND 6 ORS. : Advocate , , , , Page No. # 3/3 , , appearing for 2, 3, 4, 5, 6, 7, respectively. BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI ORDER 25. 11. 2020: Heard Mr. R. Goswami, learned counsel for the applicant/petitioner and Mr. K. Kalita, the learned counsel for the claimants/respondent Nos. 1 to 5.

By this application under Section 5 of the Limitation Act, the applicant/petitioner sought for condonation of delay of 136 days in preferring the appeal. The cause of delay has been explained in paragraph Nos. 2 and 3 of the application. Learned counsel for the respondent Nos. 1 to 5 has no objection in condoning the delay. Having considered the grounds for delay as reflected in the application in paragraph Nos. 3 and 4 and having taken note of the submission made by the learned counsel for the applicant, this Court is of the view that the applicant has been able to show sufficient cause for condoning the delay of 136 days. Accordingly, the application under Section 5 of the Limitation Act is allowed and the delay stands condoned. Office to register the connected appeal and list it. JUDGE Comparing Assistant

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