Page No.# 1/3 GAHC010079642024 2025:GAU-AS:12817 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1499/2024 NATIONAL INSURANCE CO. LTD A GOVERNMENT OF INDIA UNDERTAKING CO. HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATTA, AND ONE OF THE REGIONAL OFFICE SITUATED AT GS ROAD BHANGAGARH, GUWAHATI 781005 VERSUS SMT NIRU DUTTA AND 6 ORS W/O LT BUBUL DUTTA @ BABUL DUTTA RESIDENT OF VILLAGE DAKHIN DULIA KAMAR CHUK, PO UTTAR DULIA PS TEOK, DIST JORHAT, ASSAM 785112 2:SRI BIKASH DUTTA S/O LT BUBUL DUTTA @ BABUL DUTTA RESIDENT OF VILLAGE DAKHIN DULIA KAMAR CHUK PO UTTAR DULIA PS TEOK DIST JORHAT ASSAM 785112 3:SRI PRAKASH DUTTA S/O LT BUBUL DUTTA @ BABUL DUTTA RESIDENT OF VILLAGE DAKHIN DULIA KAMAR CHUK PO UTTAR DULIA PS TEOK DIST JORHAT ASSAM 785112 4:MISS JOONTI DUTTA D/O LT BUBUL DUTTA @ BABUL DUTTA RESIDENT OF VILLAGE DAKHIN DULIA KAMAR CHUK Page No.# 2/3 PO UTTAR DULIA PS TEOK DIST JORHAT ASSAM 785112 5:SRI AKASH DUTTA S/O LT BUBUL DUTTA @ BABUL DUTTA RESIDENT OF VILLAGE DAKHIN DULIA KAMAR CHUK PO UTTAR DULIA PS TEOK DIST JORHAT ASSAM 785112 TO BE REPRESENTED BY HIS MOTHER SMTI NIRU DUTTA 6:SRI SNEHESH BISWAS S/O LATE NIROD BISWAS R/O KALIDHAM COLONY DUM DUM PO KOLKATA-28 WEST BENGAL 700028 DRIVER 7:SRI ABHIJIT CHOWDHARY S/O N K CHOWDHARY R/O 67 VIVEKANANDA ROAD NORTH RABINDRA NAGAR KOLKATTA WEST BENGAL 700065 OWNE Advocate for the Petitioner : MR. B K PURKAYASTHA, MS. P CHUTIA Advocate for the Respondent : MR. P J SAIKIA (R-1 TO 5), BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 17-09-2025 Heard learned counsel Ms. D. D. Barman for the applicant/Insurer and learned counsel Mr. P.J. Saikia for the respondents/claimants. Page No.# 3/3 2. This application has been filed under Section 5 of the Limitation Act, 1963 with prayer for condonation of delay of 19 (Nineteen) days in filing the application for restoration of MAC Appeal No. 137/2023, which was dismissed on 21.02.2024 for non-prosecution. 3. Learned counsel for the claimants has raised serious objection, stating that the claimants are suffering owing to seven years delay in receiving the compensation. The claimants have also raised objection stating that the reasons of delay have not been properly explained and as no sufficient ground has been shown, petition ought to be dismissed. 4. Learned counsel for the applicant has submitted that the earlier engaged counsel has left Guwahati and did not continue with the proceeding, which resulted in the delay. There is no malafide on the part of the applicant. 5. After considering the submissions, it appears that there is no malafide on the part of the applicant. 6. Considering all aspects, the delay is condoned. 7. Registry to list the Misc Case No. 34/2024 which was filed for restoration of the connected appeal. 8. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant