Meghalaya High Court

MC(MACApp)/3/2024 of NEW INDIA ASSURANCE COMPANY LTD. Vs LEFSTONENONGRUM AND 2 ORS. on 25 October 2024

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Regular List HIGH COURT OF MEGHALAYA AT SHILLONG MC(MACApp) No. 3 of 2024 Date of Order: 25.10.2024 New India Assurance Company Ltd., Opp. Bawri Mansion, Dhanketi, Shillong, Meghalaya-793003, Represented by Senior Business Manager ……Petitioner Vs. 1. Shri. Lefstone Nongrum, F/o Shri.

Serial No. 01Regular List

HIGH COURT OF MEGHALAYAAT SHILLONG

MC(MACApp) No. 3 of 2024

Date of Order: 25.10.2024

New India Assurance Company Ltd.,Opp. Bawri Mansion, Dhanketi, Shillong,Meghalaya-793003,Represented by Senior Business Manager

……Petitioner

Vs.

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1. Shri. Lefstone Nongrum,F/o Shri. Ronaldo Nongrum,R/o Haraley Bagan,Byrnihat, Ri-Bhoi District,Meghalaya2. Md. Faruk Islam,S/o Anowar Hussain,R/o (i) Vill-Kotowa, p.O & P.S-Borouli, Dist-Gopalganj, Bihar (permanent Address) andC/o T. Baruah, N11-37, HNO-386, W.No-56, Jawahar NGR, Kainadhara Khanapara, Dist-Kamrup(M), Guwahati, Assam(temporary address)Owner of Truck No. AS 01 DD 2151)3. Shri. Khrawbor TyngkanS/o Shri. R. Phawa,R/o Village Tyrshang, Ummulong,P.S-Jowai,District-West Jaintia Hills, Meghalaya(Driver of Truck No. AS 01 DD 2151)

……Opp. Parties

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge

Appearance:

For the Petitioner/Appellant(s)

: Mr. S. Jindal, Adv. Ms. T. Pohlong, Adv.: Mr. H.R. Nath, Adv. (For R 1)

For the Respondent(s)

ORDER (ORAL)

Heard Mr. S. Jindal, learned counsel for petitioner who has submittedthat the notices issued upon the respondents No. 2 and 3 have been affectedand an affidavit-of-service in this regard has been filed before this Courtindicating receipt of such notices by the said respondents. Accordingly, thenotices upon the respondents No. 2 and 3 are deemed to have been served.However, till date none has appeared on their behalf. As far as respondentNo. 1 is concerned, Mr. H.R. Nath, learned counsel has entered appearanceand has chosen to contest this matter.

Mr. S. Jindal has also submitted that this is an application forcondonation of delay of 28 days in preferring the appeal. The delay havingbeen sufficiently explained in this petition, it is prayed that this petition maybe allowed and the main appeal may be directed to be registered. Mr. H.R.Nath, learned counsel for the respondent No. 1 has no objection to the prayermade.

On consideration of the submission made by the parties, this Court isalso convinced that there are good grounds for explanation of the delay inpreferring the appeal. Accordingly, prayer is allowed.Petition disposed of.

The Registry is directed to diarize the appeal and list the same foradmission on 30.10.2024.

Judge

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