Page No.# 1/3 GAHC010167082025 2025:GAU-AS:11265 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2738/2025 ORIENTAL INSURANCE COMPANY LIMITED A COMPANY REGD. AND INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A 25/27 ASAF ALI ROAD, NEW DELHI 2, REGIONAL OFFICE AT G.S. ROAD, ULUBARI, GUWAHATI- 7, REPRESENTED BY ITS REGIONAL MANAGER VERSUS ABDUL BASER ALI @ MD ABDUL BASED ALI AND 2 ORS. S/O. MD. KUTUB ALI, RESIDENT OF VILLAGE SURJOMONI, PO AND PS SOUTH SALMARA, DIST. DHUBRI, ASSAM, PRESENTLY RESIDING AT VILLAGE SALKATA, PO AND PS FAKIRGANJ, DIST DHUBRI, ASSAM, PIN 783330 2:ASHIYA KHATUN W/O. SIRAJ ALI RESIDENT OF VILLAGE- C/O. BABU KUMAR DAS SARUMOTORIA DILIP HAJARI PATH PO DISPUR GUWAHATI 6 PS BHANGAGARH DIST KAMRUP M ASSAM PIN 781006 3:JOHURUL ISLAM S/O. GOFUR ALI RESIDENT OF VILLAGE FAKIRGANJ PO AND PS FAKIRGANJ DIST DHUBRI ASSAM Page No.# 2/3 PIN 78333 Advocate for the Petitioner : MR. R C PAUL, MR ADITYA AGARWALA Advocate for the Respondent : FOR CAVEATOR, MR. A R AGARWALA Linked Case : RP(FAM.CT.)/0/0 ORIENTAL INSURANCE COMPANY LIMITED REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI ROAD NEW DELHI 2 REGIONAL OFFICE AT GS ROAD ULUBARI GUWAHATI 7 REPRESENTED BY ITS REGIONAL MANAGER VERSUS ABDUL BASER ALI ALIAS MD ABDUL BASED ALI RESIDENT OF VILLAGE SURJOMONI PO AND PS SOUTH SALMARA DIST DHUBRI ASSAM PRESENTLY RESIDING AT VILLAGE SALKATA PO AND PS FAKIRGANJ DIST DHUBRI ASSAM PIN 783330 2:MOSSTT ASHIYA KHATUN RESIDENT OF VILLAGE SARUMOTORIA DILIP HAJARI PATH PO DISPUR GUWAHATI 6 PS BHANGAGARH DIST KAMRUP M ASSAM PIN 781006 3:JOHURUL ISLAM RESIDENT OF VILLAGE FAKIRAGANJ Page No.# 3/3 PO AND PS FAKIRGANJDIST DHUBRI ASSAM PIN 783330 ------------ Advocate for : MR RABINDRA CHANDRA PAUL Advocate for : appearing for ABDUL BASER ALI ALIAS MD ABDUL BASED ALI BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 22.08.2025 Heard Mr. Rabindra Chandra Paul, learned counsel for the applicant. Also heard Mr. A. R. Agarwala, learned counsel for the Caveator/Opposite Party No. 1. This is an application preferred by the applicant Insurance Company, under Section 5 of the Limitation Act, 1963, read with Section 173(1) proviso of the Motor Vehicle Act, 1988, praying for condonation of delay of 66 days in preferring the appeal. The reasons for delay in not filing the connected review petition within the stipulated time, have been explained by the applicant in paragraph Nos. 3 to 5 of the accompanying application. On perusal of the explanation given in the above-noted paragraphs; this Court is satisfied that the applicant was prevented by a sufficient cause in preferring the connected appeal on time. That apart, Mr. Agarwala, learned counsel for the Caveator/Opposite Party No. 1, has no objection for such condonation of delay. In view of the above; the delay of 66 days in preferring the connected appeal, deserves to be condoned. It is hereby, accordingly, condoned. The interlocutory application stands allowed and accordingly, stands disposed of. Registry shall register the connected appeal and list it for admission hearing in due course by showing the name of Mr. A. R. Agarwala, learned counsel for the Caveator/ Opposite Party No. 1. JUDGE Comparing Assistant