Page No.# 1/3 GAHC010084732023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1241/2023 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S ROAD, BHANGAGARH, GUWAHATI 5, ASSAM VERSUS SABITA PATAR HAZARIKA AND 3 ORS. W/O LATE RATUL HAZARIKA RESIDENT OF VILLAGE KUJABORI, PS RAHA, DIST NAGAON, ASSAM 782103 2:NILUTPAL HAZARIKA S/O LATE RATUL HAZARIKA RESIDENT OF VILLAGE KUJABORI PS RAHA DIST NAGAON ASSAM 782103 3:DHRUBAJYOTI BORAH S/O LATE L. BORAH C/O PUTUL NATH RESIDENT OF VILLAGE KAMALABARI HOUSE NO. 9 PS BASISTHA DIST KAMRUP M ASSAM 781029 4:DHRUBAJYOTI BORAH S/O LATE L. BORAH RESIDENT OF VILLAGE SETALI JAMUGURI PS AND DIST NAGAON Page No.# 2/3 ASSAM 78214 Advocate for the Petitioner : MR. K K BHATTA, MRS L SHARMA Advocate for the Respondent : MR. A R AGARWALA (R-1), BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 04.02.2026 1. Heard learned Counsel Ms. L.Sharma for the applicant insurance company and learned counsel Mr. A.R.Agarwala for opposite party No.1. 2. This interlocutory application under Section 5 of the Limitation Act 1963 has been filed for condonation of delay of 36 days in filing the connected Appeal in connection with MAC Case No. 517/2018 against the Judgment and Award dated 07.12.2022 passed by the learned Member, MACT No.2, Kamrup(M). 3. It is submitted by the applicant that the delay was not intentional but was a result of forwarding the decision of the aforesaid MAC Case to the head office. 4. The learned counsel for opposite party No.1 has no objection if the delay is condoned. 5. I have considered the submission at the bar with circumspection. No malafide could be deciphered. Accordingly delay of 36 days is hereby condoned. 6. Registry to register the connected appeal. 7. In terms of the above observation, the interlocutory application stand disposed of. JUDGE Page No.# 3/3 Comparing Assistant