Page No.# 1/3 GAHC010081432024 2025:GAU-AS:5030 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1595/2024 NATIONAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S. ROAD, GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE. VERSUS DEVI CHOUDHURY AND 4 ORS. W/O LATE DEBASISH DAS, VILL.- PANDU SANKAR NAGAR, HOUSE NO. 4, BYE LANE NO. 3, NEAR B.B.C. COLONY, P.S.- JALUKBARI, DIST.- KAMRUP (M), ASSAM, PIN- 781012. 2:DIPSUNDAR DAS S/O LATE DEBASISH DAS VILL.- PANDU SANKAR NAGAR HOUSE NO. 4 BYE LANE NO. 3 NEAR B.B.C. COLONY P.S.- JALUKBARI DIST.- KAMRUP (M) ASSAM PIN- 781012. 3:DIBRANI DAS D/O LATE DEBASISH DAS VILL.- PANDU SANKAR NAGAR HOUSE NO. 4 BYE LANE NO. 3 Page No.# 2/3 NEAR B.B.C. COLONY P.S.- JALUKBARI DIST.- KAMRUP (M) ASSAM PIN- 781012. (BEING MIONOR REP. BY THE RESPONDENT NO. 1). 4:SIMANTA TALUKDAR S/O ABANI TALUKDAR R/O UDAYNAGAR KHANAPARA HOUSE NO. 101 RAJIB GANDHI PATH P.S.- BASISTHA KHANAPARA GUWAHATI DIST.- KAMRUP (M) ASSAM PIN- 781022. 5:JIBAN DEKA S/O NAGEN DEKA R/O JATIABHANGARA P.O.- BAIHATA CHARIALI P.S.- BAIHATA CHARILAI DIST.- KAMRUP ASSAM PIN- 781381 Advocate for the Petitioner : MR T KALITA, Advocate for the Respondent : MS. M D BORAH (R-4), MR. R SARMA(R-5),MR. S DAS(R-5),MR ADITYA AGARWALA (R-1,2,3),MR. A R AGARWALA (R-1,2,3),MR R B GOSWAMI (R-4) BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 25-04-2025 Heard Mr. T. Kalita, learned counsel for the applicant. Also heard Mr. A. R. Agarwala, learned counsel for the respondent nos. 1, 2 and 3 and Mr. R. B. Page No.# 3/3 Goswami, learned counsel for the respondent no. 4. This is an application filed under section 5 of the Limitation Act, 1963 read with Section 173 of the Motor Vehicle Act, 1988 for condoning the delay of 122 days in filing the connected appeal. The ground for delay in preferring the connected appeal has been explained in paragraphs 3, 4, 5 and 6 of the petition. On perusal of the explanation given in the said paragraphs, this Court is satisfied that the applicant was prevented by sufficient cause in not preferring the connected appeal in time. Moreover, the learned counsel appearing on behalf of the respondent nos. 1 , 2 , 3 and 4 has no objection in condoning the delay. In view of the above, the delay of 122 days in filing the connected appeal is hereby condoned. With the above, this IA stands disposed of. The Registry is directed to register the connected appeal and list it for admission on a date to be fixed by the Registry. JUDGE Comparing Assistant