Page No.# 1/3 GAHC010069222024 2025:GAU-AS:13219 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1302/2024 in MAC APP No. 3944/2024 (Filing Number) NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI- 5. VERSUS MAHESH CH. RAY AND 2 ORS. S/O LATE PURNO CH. RAY, VILL.- POKALAGI PT. IV, P.S.- GLOKGANJ, PIN- 783335, DIST.- DHUBRI, ASSAM. 2:KHITISH CH. RAY S/O JATISH CH. RAY VILL.- MODHUSOULMARI PT.-I P.S.- GAURIPUR PIN- 783331 DIST.- DHUBRI ASSAM. 3:HASINUR RAHMAN S/O HUSSAIN ALI VILL.- MODHUSOULMARI PT.-II P.S.- GAURIPUR PIN- 783331 DIST.- DHUBRI ASSAM Advocate for the Petitioner : MR. K K BHATTA, MRS L SHARMA Advocate for the Respondent : MS. N MODI, MD H R AHMED(R-1),BASON ALI Page No.# 2/3 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 24-09-2025 Heard Ms. L. Sharma, learned counsel for the appellant/applicant and Mr. H. R. Ahmed, learned counsel for the respondent No.1. 2. This application under Section 5 of the Limitation Act has been filed for condonation of delay of 82 days in filing the connected appeal challenging the judgment and award dated 04.10.2023, passed by the learned Member, MACT, Dhubri in MAC Case No. 219/2017. 3. It is submitted by Ms Sharma, learned counsel that there is no laches or negligence on the part of the applicant. However, there is a delay of 82 days delay as a whole in preferring the connected appeal which occurred in observing some official formalities, in obtaining the certified copy, engaging the counsel and also in preparing the appeal. 4. Accordingly, it is submitted by Ms. Sharma, that the delay of 82 days may be condoned and the appeal against the above referred judgment may be entertained. 5. Mr. Ahmed, learned counsel for the respondent No.1 submitted in this regard that there is no proper explanation of delay in the present application and it is not mentioned as to when the certified copy was applied for or there is no mentioned/explanation from 04.10.2023 to 22.12.2023 and the delay is also no properly explained in preferring the appeal. Accordingly, he raised objection and submitted that the petition may not be considered. Page No.# 3/3 6. Heard the submissions of the learned counsel for the parties, and I have also perused the case record, and it is seen that the delay of 82 days is well explained in paragraphs 4 and 5 of the instant petition, which found to be quite reasonable and justified and considering this aspect of the case and also for the ends of justice, the delay of 82 days in preferring the appeal is hereby condoned. 7. This interlocutory application is accordingly disposed of. 8. Registry is directed to register and number the connected appeal and to list the same after the puja vacation, on a date to be fixed by it. JUDGE Comparing Assistant