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2025 Supreme(Sikk) 48

HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI
Branch Manager, Cholamandalam Ms General Insurance Company – Appellant
Versus
Selina Bibi – Respondent


Advocates Appeared:
For the Applicant :Mr. Nirankush Dahal, Advocate.
For the Respondent:Ms. Lidya Pradhan, Advocate.

Table of Content
1. parties' contentions regarding the cause and justification for the delay in filing an appeal. (Para 1 , 2 , 3 , 4)
2. application of limitation law requiring sufficient cause for delay during the limitation period. (Para 5 , 6)
3. judicial propriety in staying proceedings and the final denial of the condonation of delay. (Para 7 , 8 , 9)

ORDER :

MEENAKSHI MADAN RAI, J.

1. I.A. No.01 of 2024, is an application under Section 173(1) of the Motor Vehicles Act, 1988, filed by the Applicants, seeking condonation of delay, in filing the Appeal.

2. Learned Counsel for the Applicants advanced the argument that the Learned Motor Accidents Claims Tribunal, Gangtok, Sikkim (hereinafter, the “MACT”), pronounced the impugned Judgment, in MACT Case No.03 of 2021 (Selina Bibi and Others vs. The Branch Manager, Cholamandalam MS General Insurance Company and Others), on 21-08- 2023, whereupon the Memo of Appeal was to have been filed on or before 19-11-2023.

3. However, the delay of 357 days’ occurred on account of the following grounds;

(i) After obtaining the impugned Judgment on 12-09-2023, it was forwarded to the Branch Office, at Siliguri, on 15-09-2023.

(ii) From the Siliguri Office,

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