Page No.# 1/3 GAHC010292232023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/6/2024 ORIENTAL INSURANCE COMPANY LTD. (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI- 781007 REP. BY THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI- 781007. VERSUS MD. JAHIRUL ISLAM AND ANR. S/O ISLAM UDDIN, VILL.- DACCAI BASTI, P.O. AND P.S.- DHING, DIST.- NAGAON, ASSAM, PIN- 782123. 2:ANIL DAS S/O LATE ARJUN DAS R/O HOSPITAL ROAD P.O.- NAGAON P.S.- SADAR DIST.- NAGAON ASSAM PIN- 782001 Advocate for the Petitioner : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR Advocate for the Respondent : MR. K R PATGIRI (R-1), MR. T K BORA(R-1) Page No.# 2/3 Linked Case : ORIENTAL INSURANCE COMPANY LTD VERSUS JAHIRULISLAM AND ANR. A ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for JAHIRULISLAM AND ANR. A BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.03.2026 1. Heard Mr. S. P. Sarma, the learned counsel for the applicant. Also heard Mr. K. R. Patgiri, the learned counsel for the respondent No. 1. 2. The learned counsel for the applicant has submitted that the notice on respondent No. 2 has been served by substituted mode of publishing the said notice in newspaper and to that effect, the applicant has also filed an additional affidavit annexing therein with the newspaper in which the notice was published. 3. The notice issued to the respondent No. 2 is accordingly, deemed to be served. 4. This application under Section 5 of the Limitation Act, 1963 has been filed and the applicant Insurance Company for condoning the delay of 98 days in preferring the connected first appeal whereby it has impugned the judgment and award dated 14.07.2023 passed by the learned Commissioner for Page No.# 3/3 Employees Compensation, Nagaon in Case No. MAC 54/2012. 5. The learned counsel for the respondent No. 1 has submitted that he has no objection in the delay of 98 days as condoned. 6. I have gone through the grounds stated in the instant Interlocutory Application by the applicant showing the cause of delay. 7. Considering the aforesaid grounds to be sufficient cause which prevented the applicant in approaching this Court within the prescribed period of limitation as well as considering the fact that the learned counsel for the claimant/respondent has no objection to condone the such delay. 8. The delay of 98 days in preferring the connected appeal is hereby condoned and this Interlocutory Application is allowed. 9. The Registry is directed to register the Connected Miscellaneous First Appeal and list the same for Admission in the next week on a date to be fixed by the Registry. 10. This Interlocutory Application is hereby disposed of. JUDGE Comparing Assistant