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2017 Supreme(Gau) 165

KALYAN RAI SURANA
ICICI Lombard General Insurance Co. Ltd. – Appellant
Versus
Rup Nath Brahma Choudhury – Respondent


Advocates:
Advocate Appeared:
For the petitioner: Mr. AJ Saikia, Mr. N. Bhuyan, Mr. K. Borah, Mr. UK Dutta, Mr. B. Kakati, Advs.
For the Respondents: Mr. H. Das

JUDGMENT & ORDER :

1. I have heard Mr. A.J. Saikia, learned counsel for the applicant as well as Mr. H. Das, learned counsel for the Respondent No.1. None appears on call for the respondent No.2.

2. By filing this application under section 5 of the Limitation Act, 1963, the petitioner has prayed for condonation of 99 days delay beyond the period of limitation in filing the accompanying appeal against the judgment and award passed in a motor accident claims case.

3. In paragraph 4, 5 and 6 of the application, the applicant has made the below quoted statements:-

“4. That, your humble petitioner begs to state that as a Private 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 from one table to another and thereafter only the final decision as to whether to prefer an appeal or not is taken after obtaining the opinion of the dealing advocates as well as the advocate practicing in High Court and in this procedural aspect, a considerable time is spent.

5. That, your humble petitioner begs to submit that in order to take a decision whether an appeal is to be filed or not, the files a









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