Page No.# 1/4 GAHC010211992023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3282/2023 NEW INDIA ASSURANCE COMPANY LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING 87, MAHATMA GANDHI ROAD, FORT, MUMBAI- 400001, AND REGIONAL OFFICE AT G.S. ROAD, GUWAHATI- 5. VERSUS KALPANA DEKA AND 4 ORS. W/O LATE RANTU DEKA, VILL.- PUB MAZDIA, P.S.- NALBARI, DIST.- NALBARI, DIST.- NALBARI, ASSAM. 2:KANKI TAMULI D/O LATE RANTU DEKA VILL.- PUB MAZDIA P.S.- NALBARI DIST.- NALBARI DIST.- NALBARI ASSAM. 3:HRIDAY TAMULI S/O LATE RANTU DEKA VILL.- PUB MAZDIA P.S.- NALBARI DIST.- NALBARI DIST.- NALBARI ASSAM Advocate for the Petitioner : MR SISHIR DUTTA, MR S DUTTA Page No.# 2/4 Advocate for the Respondent : MR. N. DEBNATH (R-1 to 3), Linked Case : NEW INDIA ASSURANCE COMPANY LTD. VERSUS KALPANA DEKA AND 4 ORS. B ------------ Advocate for : MR SISHIR DUTTA Advocate for : appearing for KALPANA DEKA AND 4 ORS. B Linked Case : NEW INDIA ASSURANCE COMPANY LTD. VERSUS KALPANA DEKA AND 4 ORS. B ------------ Advocate for : MR SISHIR DUTTA Advocate for : appearing for KALPANA DEKA AND 4 ORS. B Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 20.01.2025 Heard Mr. S. Dutta, learned senior counsel assisted by Mr. S. Dutta, learned counsel appearing for the applicant. None has appeared for the opposite party Nos. 1, 2 and 3. On perusal of the records, it appears that the counsel appearing for the opposite party Nos. 1, 2 and 3 had already filed the vakalatnama way back of 29.01.2024. In view of above, this Court proposes to proceed Ex-parte in this Interlocutory Application. This application under second proviso to Section 173 of Motor Vehicles Act, 1983 read with Section 5 of the Limitation Act, 1963 has been filed by the applicant, namely, New India Insurance Company Limited for condoning the delay of 38 days in filing the connected appeal. By the said appeal, the applicant has impugned the judgment dated 10.05.2023 passed by the Motor Accident Claims Tribunal No. 2, Kamrup (Metro) in MAC Case No. 1209/2019. The applicant has explained the cause for delay in preferring the connected appeal in paragraph No. 4 of the petition for condoning the delay. After considering the submissions made by learned counsel for the applicant and after going through the reasons mentioned in paragraph 4 of the petition, this Court is of the considered opinion that the delay of 38 days in preferring the connected appeal has been sufficiently explained by the applicant. Page No.# 4/4 In view of the above, the delay of 38 days in filing the connected appeal is hereby condoned. Accordingly, this Interlocutory application is allowed. The Registry to register the connected MAC Appeal for Admission and list this matter after one week. JUDGE Comparing Assistant