Page No.# 1/2 GAHC010009542024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/173/2024 NATIONAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE, G.S ROAD, BHANGAGARH, GUWAHATI 05, AND BRANCH OFFICE AT NAGAON. VERSUS FAKAR UDDIN AND ANR S/O MD.ABDUL KADIR, VILLAGE SONAIBERA, PO JURIA, DIST NAGAON, ASSAM 782124 2:MD. MUBARAK HUSSAIN S/O MD. ABDUL MOTLIB VILLAGE CHAMDHORA PO JURIA DIST NAGAON ASSAM 78212 Advocate for the Petitioner : MR. R K BHATRA, MR. A SAIKIA,N DHAR,MS P HUJURI,MR H BHAGAWATI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 18.02.2026 Page No.# 2/2 1. Heard Ms. A. Biyani, learned counsel for the petitioner, who submits that in pursuant to the direction of this Court, the applicant has taken steps for issuance of notice on the respondent No.1 by substituted mode of paper publication. In that regard, an affidavit in compliance has also been filed by the applicant. The newspaper, in which, the notice has been published, has also been annexed along with the affidavit. 2. After going through the notice as well as averment made in the affidavit, it is hereby held that the notice issued to the respondent No.1, is duly served. 3. It also appears that in respect of respondent No.2, the service of notice is complete and an order to that effect has been passed by this Court earlier on 24.07.2024. 4. This is an application under Section 30(3) of the Employees Compensation Act, 1923, read with Section 5 of the Limitation Act, has been filed by the applicant, National Insurance Company Limited praying for condonation of delay of 224 days in filing of the connected appeal, whereby, the judgment dated 06.03.2023, passed by the Commissioner, Employees Compensation, Nagaon in NEC(WC) Case No. 238/2003 has been impugned. 5. The learned counsel for the applicant has submitted that the delay in preferring the connected appeal within the prescribed period of limitation has been caused due to the procedural delay, which has been explained by the applicant in paragraph 4 to 7, of the said Interlocutory Application. 6. After considering the submissions made by the learned counsel for the applicant as well as after going through the averments made in paragraph 4 to 7 of the said Interlocutory Application, this Court is of the considered opinion that the cause shown for delay in approaching this Court belatedly has been properly explained by the applicant and the same may be regarded as sufficient cause, which prevented the applicant in approaching the Court in filing the connected appeal within the prescribed period of limitation. 7. Accordingly, the delay of 224 days in filing the connected appeal is hereby condoned. 8. Registry is directed to register the appeal and list the same for admission after 1 (one) week. 9. Interlocutory Application is disposed of. JUDGE Comparing Assistant