Page No.# 1/3 GAHC010133602023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1752/2023 THE NATIONAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET, KOLKATA 700071 AND REGIONAL OFICE AT GS ROAD, BHANGAGARH, GUWAHATI 5, REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, GUWAHATI VERSUS MUKUL CH. BORDOLOI AND 2 ORS. S/O LATE MANIK CH. BORDOLOI, RESIDENT NUMALIGARH TINAILI, PO NUMALIGARH, PO BOKAKHAT, DIST GOLAGHAT, ASSAM 785615 2:RABI SANKAR DAS @ RABISHANGKAR DAS S/O- LATE RAMESH CHANDRA DAS R/O- VILL.- NIZ KATIGORAH PT.-III P.O. AND P.S. KATIGORAH DIST.- CACHAR ASSAM PIN- 788805. 3:PRONOY CHAKRABORTY S/O- LATE PRAFULLA KUMAR CHAKRABORTY R/O- VILL.- KATIGORAH P.O. AND P.S. KATIGORAH DIST.- CACHAR ASSAM PIN- 788805 Advocate for the Petitioner : MR. P J BARMAN, MR. S P SHARMA,MS. C MOZUMDAR Page No.# 2/3 Advocate for the Respondent : MR G BHARADWAJ (r-1), MR N BRAHMA (r-1),MR B DEORI (r- 1) Linked Case : THE NATIONAL INSURANCE COMPANY LTD. VERSUS MUKUL CH. BORDOLOI AND 2 ORS. E ------------ Advocate for : MR. P J BARMAN Advocate for : appearing for MUKUL CH. BORDOLOI AND 2 ORS. E BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 20.01.2025 Heard Ms. P. Phukan, learned counsel appearing on behalf of Mr. P. J. Barman, learned counsel for the applicant. Also heard Mr. G. Bhardwaj, learned counsel appearing on behalf of the respondent No. 1. On perusal of the record, it appears that the A/D card in respect of notices sent to respondent Nos.2 and 3 have been received back with signatures of the addressee thereof. The notices are held to be duly served on respondent Nos. 2 and 3. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant i.e. National Insurance Company Limited praying for condoning the delay of 28 days in preferring the connected appeal, whereby the applicant Page No.# 3/3 has impugned the judgment and order dated 13.02.2023 passed by the learned Member, MACT, Golaghat in MAC Case No. 138/2016 Learned counsel for the respondent No.1 has not opposed the prayer for condoning the delay in this case. I have gone through the application for condoning the delay. Considering the submissions made by the learned counsel for the parties as well as considering the grounds shown by the applicant for the delay caused in preferring the connected appeal, this Court is of the opinion that the delay has been sufficiently explained and applicant was prevented by just cause from preferring the connected appeal within the period of limitation. Therefore, the delay of 28 days in preferring the connected appeal is hereby condoned and this Interlocutory Application is allowed. Let, the connected MAC Appeal and listed for Admission after a week. Accordingly, this Interlocutory Application is disposed of. The name of Mr. G. Bhardwaj, learned counsel may be reflected as the counsel for respondent No. 1 in respect of the connected MAC Appeal after registration of the appeal. JUDGE Comparing Assistant