Page No.# 1/3 GAHC010222652022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3426/2022 THE NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING, 87 MAHATMA GANDHI ROAD, FORT, MUMBAI- 400001, AND REGIONAL OFFICE AT GUWAHATI- 7. VERSUS PRANAB BORA AND ANR. S/O HEKERA BORA, VILL. AND P.O.- BHELEUGURI, DIST.- NAGAON, ASSAM, PIN- 782140. 2:BIRINCHI KUMAR BARUA S/O LATE KIRTI BARUAH VILL. AND P.O.- BHELEUGURI DIST.- NAGAON ASSAM PIN- 782140 Advocate for the Petitioner : MR. S DUTTA, MS C BORAH,MS. M CHOUDHURY Advocate for the Respondent : , Linked Case : THE NEW INDIA ASSURANCE CO. LTD. Page No.# 2/3 VERSUS PRANAB BORA AND ANR. A ------------ Advocate for : MR. S DUTTA Advocate for : appearing for PRANAB BORA AND ANR. A Linked Case : THE NEW INDIA ASSURANCE CO. LTD. VERSUS PRANAB BORA AND ANR. A ------------ Advocate for : MR. S DUTTA Advocate for : appearing for PRANAB BORA AND ANR. A BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 13.07.2026 1. Heard Ms. M. Choudhury, the learned counsel for the applicant. 2. None has appeared for the respondent. 3. On perusal of the order dated 12.03.2025 passed by the Co-ordinate Bench of this Court, it appears that the notice issued to the respondent Nos.1, 2 and 3 held to be duly served by this Court, however, one chance was granted to the respondent to appear in this case. Page No.# 3/3 4. Since none has appeared for the respondent today, this Court is inclined to proceed ex-parte against both the respondents in this Interlocutory Application. 5. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant – Insurance Company praying for condonation of delay of 76 days in preferring the connected first appeal whereby the judgment dated 17.06.2022 passed by the Commissioner Employees Compensation, Nagaon in NEC (WC) Case No. 77/2008 has been impugned. 6. After considering the grounds stated in paragraph No. 3 of the instant Interlocutory Application, this Court is of the considered opinion that the ground stated therein may be regarded as sufficient cause which prevented the applicant in filing the connected appeal within the prescribed period of limitation. As such, the delay of 76 days in preferring the connected appeal is hereby condoned and this Interlocutory Application is allowed. 7. The Registry is directed to register the connected MFA and list the same for admission after one week on a date to be fixed by the Registry. 8. This Interlocutory Application is, accordingly, disposed of. JUDGE Comparing Assistant