Page No.# 1/4 GAHC010110542018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1816/2018 SMT ANITA BAISHYA W/O LATE NRIPENDRA NATH BAISHYA, R/O VILL. MAZDIA, P.O. CHOWK BAZAR, P.S. NALBARI, PIN 781335, DIST. NALBARI, ASSAM. VERSUS SMTI MANJU DEY AND 2 ORS R/O SAMAN NAGAR, BALTALA, P.O. AND P.S. PRADHAN NAGAR, DIST. DARJEELING, WEST BENGAL, PIN 734003 (OWNER OF THE OFFENDING VEHICLE BEARING NO. WB-76/6518 (BUS)) 2:SRI PRADIP CH. DEY S/O LATE ABANI CH. DEY R/O KACHARI ROAD SILIGURI P.O. AND P.S. SILIGURI DIST. DARJEELING WEST BENGAL PIN 734001 (DRIVER OF THE OFFENDING VEHICLE BEARING NO. WB- 76/6518 (BUS)) 3:THE REGIONAL MANAGER ORIENTAL INSURANCE CO. LTD. BRANCH OFFICE GUWAHATI ASSAM POLICY NO. 313205/31/202/66 Advocate for the Petitioner : MR. J KALITA, MR. N SARMA,MR D PEGU Advocate for the Respondent : , Page No.# 2/4 In Case : MACApp./429/2018 SMT ANITA BAISHYA W/O LATE NRIPENDRA NATH BAISHYA R/O VILL. MAZDIA P.O. CHOWK BAZAR P.S. NALBARI PIN 781335 DIST. NALBARI ASSAM. VERSUS SMTI MANJU DEY AND 2 ORS R/O SAMAN NAGAR BALTALA P.O. AND P.S. PRADHAN NAGAR DIST. DARJEELING WEST BENGAL PIN 734003 (OWNER OF THE OFFENDING VEHICLE BEARING NO. WB- 76/6518 (BUS)) 2:SRI PRADIP CH. DEY S/O LATE ABANI CH. DEY R/O KACHARI ROAD SILIGURI P.O. AND P.S. SILIGURI DIST. DARJEELING WEST BENGAL PIN 734001 (DRIVER OF THE OFFENDING VEHICLE BEARING NO. WB- 76/6518 (BUS)) 3:THE REGIONAL MANAGER ORIENTAL INSURANCE CO. LTD. BRANCH OFFICE GUWAHATI ASSAM POLICY NO. 313205/31/202/668 Page No.# 3/4 ------------ Advocate for : MR. J KALITA Advocate for : appearing for SMTI MANJU DEY AND 2 ORS with Case : MACApp./429/2018 with Case : MACApp./499/2018 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 28.08.2026 [1] Heard Mr. N.J. Gogoi, the learned counsel for the applicant. Also heard Mr. S. Dutta, the learned counsel for the opposite party No. 3. Also heard Ms. S. Das, the learned counsel appearing on behalf of Mr. K.K. Handique, the learned counsel for the opposite party Nos. 1 and 2. [2] This interlocutory application under Section 5 of the Limitation Act, 1963 has been filed by the applicant praying for condonation of delay of 38 days in preferring the connected MACAppeal, whereby, the judgment and Order dated 19.12.2017, passed in MAC Case No. 1045 of 2012, by the Motor Accident Claims Tribunal No. 1, Kamrup (M), Guwahati in MAC Case No. 1045/2012. [3] The learned counsel for the applicant Page No.# 4/4 submits that the reason for delay in preferring the connected appeal has been mentioned in paragraph No. 7 o the instant interlocutory application. [4] The learned counsel for the opposite parties has not opposed the prayer for condonation of delay. [5] I have gone through the grounds stated in the instant interlocutory application. [6] After considering the said grounds, it appears that the present applicant was prevented by sufficient cause in preferring the connected appeal within the prescribed period of limitation. As such, the delay of 38 days in preferring the connected appeal is hereby condoned, and this interlocutory application is allowed. [7] List the connected MAC Appeal for admission, along with MAC Appeal No. 499/2018 after a week, on a date to be fixed by the Register. JUDGE Comparing Assistant