Page No.# 1/4 GAHC010106772024 2025:GAU-AS:4825 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1935/2024 BAHAJUDDIN SK. AND 2 ORS. S/O LATE MAZIBUR RAHMAN, VILL.- ALAMGANJ PT. IX, PAHARTOLI, P.S.- GAURIPUR, DIST.- DHUBRI, ASSAM, PIN- 783339. 2: SAHAJUL HOQUE S/O LATE MAZIBUR RAHMAN VILL.- ALAMGANJ PT. IX PAHARTOLI P.S.- GAURIPUR DIST.- DHUBRI ASSAM PIN- 783339. 3: MAZIDA BIBI D/O LATE MAZIBUR RAHMAN VILL.- ALAMGANJ PT. IX PAHARTOLI P.S.- GAURIPUR DIST.- DHUBRI ASSAM PIN- 783339 VERSUS GAUTAM SENGUPTA AND 5 ORS. S/O DIRENDRA SENGUPTA, WARD NO. 6, CHAITANTALA, P.S. AND DIST.- DHUBRI, ASSAM, PIN- 783301. 2:LAL CHAND MULLAH S/O BAKKAR MULLAH Page No.# 2/4 VILL.- AIRANJONGLA (NEW GHAT) P.S. AND DIST.- DHUBRI ASSAM PIN- 783323. 3:UNITED INDIA INSURANCE CO. LTD. REP. BY ITS REGIONAL MANAGER GUWAHATI REGIONAL OFFICE G.S. ROAD CHRISTIANBASTI GUWAHATI- 781005. 4:ALI AKBAR S/O LATE TALEB ALI C/O AKABBAR AHMED H/NO. 37 HATIGAON SIJUBARI DARGAH ROAD P.S.- HATIGAON GUWAHATI ASSAM PIN- 781038. 5:AYNUL HOQUE S/O MAKTAR ALI VILL.- DAMPUR PT. I GAURIPUR DIST.- DHUBRI ASSAM PIN- 783339. 6:NATIONAL INSURANCE CO. LTD. REP. BY ITS REGIONAL MANAGER GAUHATI REGIONAL OFFICE G.S. ROAD BHANGAGARH GUWAHATI- 781005 Advocate for the Petitioner : MR. M TALUKDAR, MR. M ISLAM Advocate for the Respondent : MRS. S ROY (r-6), MR. A BARKATAKI(R-3) Page No.# 3/4 Linked Case : BAHAJUDDIN SK AND 2 OSR VERSUS GAUTAM SENGUPTA AND 5 ORS F ------------ Advocate for : MR. M TALUKDAR Advocate for : appearing for GAUTAM SENGUPTA AND 5 ORS F BEFORE HON’BLE MR. JUSTICE BUDI HABUNG O R D E R 23.04.2025 Heard Mr. M. Talukdar, learned counsel for the applicant. Also heard Mr. A. Barkataki, learned counsel for the respondent no.3 and Ms. S. Roy, learned counsel for the respondent no.6. Mr. Talukdar, learned counsel for the applicant submits that the respondent nos.1, 4 and 5 being the owner and the drivers of the offending vehicles and they are not necessary party in the present case. They have also not participated in the Trial Court. Therefore, he prays that the names of the respondent nos.1, 4 and 5 be struck off from the cause title. Prayer is allowed. Let, the names of the respondent nos.1, 4 and 5 be struck off from the arrayed respondents at the risk of applicant. Page No.# 4/4 This is an application filed under Section 173 of the Motor Vehicle Act, 1988 read with Section 5 of the Limitation Act, 1963 for condoning the delay of 105 days in preferring the connected appeal. The grounds of delay in preferring the appeal have been explained in paragraph nos. 4, 5 and 6 of the petition. Upon hearing the parties and on perusal of the grounds stated in the above paragraphs, this Court is satisfied that the applicant was prevented by sufficient cause in preferring the connected appeal within the stipulated time. Moreover, the respondent/opposite party No.3 and 6 have no objection for condonation of delay of 105 days. In view of above, the delay of 105 days in preferring the connected appeal is condoned. With the above observation, the application stands allowed and disposed of. Accordingly, the Registry is directed to register the appeal and list for admission by showing the names of Mr. A. Barkataki, as learned counsel for the respondent no.3 and Ms. S. Roy, as learned counsel for the respondent no.6. JUDGE Comparing Assistant