Page No.# 1/3 GAHC010102952013 2025:GAU-AS:11497 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/3353/2013 MD.KASIMUDDIN VERSUS THE NATIONAL INSURANCE CO. LTD. and 2 ORS. Advocate for the Petitioner : F K R AHMED, MR.A RAHMAN,M K HUSSAIN,S Y AHMED Advocate for the Respondent : , ,, Linked Case : MACApp./159/2013 KASIMUDDIN S/O LATE JUNAB ALI R/O VILL. BAGALIPARA P.S.LAHARIGHAT DIST. MORIGAON ASSAM. VERSUS THE NATIONAL INSURANCE CO. LTD. and 2 ORS. NAGAON BRANCH P.O. NAGAON DIST. NAGAON ASSAM PIN 782001 2:MD. RAISUDDIN S/O LATE SABED ALI R/O VILL. BAGALIPARA GAON P.S. LAHARIGHAT P.O. LAHARIGHAT DIST. MORIGAON ASSAM PIN 782127 Page No.# 2/3 3:MUSTT. KAMALA KHATUN W/O LATE IMAN ALI R/O VILL. BAGALIPARA P.S. LAHARIGHAT P.O. LAHARIGHAT DIST. MORIGAON ASSAM PIN 782127 ------------ Advocate for : MS.S Y AHMED Advocate for : MS.R D MOZUMDARR-1 appearing for THE NATIONAL INSURANCE CO. LTD. and 2 ORS. Linked Case : MC/1475/2013 KASIMUDDIN VERSUS THE NATIONAL INSURANCE CO. LTD. and 2 ORS. ------------ Advocate for : MR.M K HUSSAIN Advocate for : appearing for THE NATIONAL INSURANCE CO. LTD. and 2 ORS. BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 27.08.2025 Heard Mr. M. Alam, learned counsel, appearing on behalf of Mr. M. K. Hussain, learned counsel for the applicant. Also heard Ms. R. D. Mozumdar, learned counsel, appearing on behalf of respondent No. 1. This is an application preferred by the applicant under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 1462 days in preferring the connected appeal. It is seen that the applicant had remained absent and took adjournments on several occasions and has not persuaded this misc. case in right earnest and/or diligently. In the meantime, it is stated at the Bar that the Opposite Party No. 2 has Page No.# 3/3 passed away during the pendency of this case and the applicant has failed to take any steps for impleadment of the legal heirs of the said respondent. It is to be noted that although this matter has been listed today for referral to the Special Mediation Drive-‘Mediation for the Nation’, however, in the absence of the respondent No. 2 and/or his legal heirs; referring the matter to the High Court Mediation Centre, Guwahati, would not bear any fruitful result. Ms. Mozumdar, learned counsel, on the other hand, while objecting to the condonation of delay of 1462 days in preferring the connected appeal, has further submitted that there is no merit in the case of the applicant and the applicant has failed to explain the day-to-day delay, in making this application. Having regard to the inordinate delay of 1462 days in preferring the connected appeal by the applicant as well as in the absence of sufficient explanation for condoning the delay, in question; this Court does not find any merit to condone such delay. Accordingly, the instant misc. application stands rejected. Consequently, the connected appeal which has already been registered as MAC.A. 159/2013, stands dismissed. In view of the order passed by this Court, hereinabove; the connected misc. case being MC 1475/2013, also stands dismissed. For securing the ends of justice; the appellant is, however, directed to deposit the awarded amount before the learned Tribunal within a period of 60 days from the date of receipt of a certified copy of this order. JUDGE Comparing Assistant