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Gauhati High Court
Page No.# 1/3 vs Md. Afjal Ali And Anr on 21 April, 2025
Page No.# 1/3
GAHC010039142024
2025:GAU-AS:4727
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/560/2024
THE NATIONAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET, STREET,
KOLKATA- 700071 AND REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH,
GUWAHATI- 5, REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL
OFFICE, GUWAHATI.
VERSUS
MD. AFJAL ALI AND ANR.
S/O LT. KUBAD ALI, VILL.- CHINAPATTY, A.K. ROAD, P.S.- NAGAON, DIST.-
NAGAON, ASSAM- 782435.
2:PRASANTA BARUAH
S/O LT. SUBUDH BARUAH
R/O FOUJDARIPATTY
P.S.- NAGAON
DIST.- NAGAON
ASSAM- 782001
Advocate for the Petitioner : MR. P J BARMAN, MS R TADO
Advocate for the Respondent : MRS. P B BORDOLOI (R-2), MS. J PAUL (R-2)
Linked Case :
THE NATIONAL INSURANCE COMPANY LTD.
Page No.# 2/3
VERSUS
AFJAL ALI AND ANR. B
------------
Advocate for : MR. P J BARMAN
Advocate for : appearing for AFJAL ALI AND ANR. B
BEFORE
HON'BLE MR. JUSTICE BUDI HABUNG
ORDER
21.04.2025
Heard Ms. P. Phukan, learned counsel appearing on behalf of Mr. P.J.
Barman, learned counsel for the applicant. Also heard Ms. P.P. Bordoloi, learned
counsel for the respondent.
Office note dated 19.03.2025 reflects that the notice upon the respondent
no.1 by registered post with A/D has been received bearing the signature of
addressee after served with.
In view of above, the notice upon the respondent no.1 is deemed to be
complete. However, no one appears for the respondent no.1.
This is an application under Section 5 of the Limitation Act for condoning the
delay of 52 days in preferring the connected appeal against the judgment and
order dated 19.01.2023, passed by the Commissioner for the Employees
Compensation Cum Assistant Labour Commissioner, Nagaon in NEC(WC) Case
Page No.# 3/3
No. 107 of 2009 awarding a sum of Rs. 1,91,424/-.
The grounds of delay in preferring the appeal have been stated in para nos.
3 and 4 of the petition. On perusal of the grounds stated in the above
paragraphs, this Court is satisfied that the applicant was prevented from
sufficient cause for not preferring the connected appeal within the stipulated
time. Moreover, the respondent/opposite party No.2 has no objection for
condonation of delay of 52 days.
Since the respondent no.1 despite of receipt of notice failed to appear, it is
presumed that the respondent no.1 has also no objection to the condonation of
delay of 52 days in preferring the connected appeal.
In view of above, the delay of 52 days in preferring the connected appeal is
condoned.
With the above observation, the application stands allowed and disposed of.
Accordingly, the Registry is directed to register the appeal and list for
admission.
JUDGE
Comparing Assistant
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