Page No.# 1/3 GAHC010228832024 2025:GAU-AS:5967 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3656/2024 UNITED INDIA INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24 WHITES ROAD, CHENNAI AND ITS REGIONAL OFFICE AT G.S ROAD, DISPUR, GUWAHATI AND REPRESENTED BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, G.S ROAD, GUWAHATI , 781006 VERSUS BORNALI BARUAH AND 5 ORS W/O LATE JITUPORNA BARUAH, RESIDENT OF VILLAGE PANITOLA NA GAON, PO PANITOLA, PS AND DIST. TINSUKIA, ASSAM 786183 2:MISS SARVIRANI BARUAH D/O LATE JITUPORNA BARUAH RESIDENT OF VILLAGE PANITOLA NA GAON PO PANITOLA PS AND DIST. TINSUKIA ASSAM 786183. TO BE REP. BY RES. NO. 1 3:SMTI ASTOMI BARUAH W/O SRI RABOTI BARUAH RESIDENT OF VILLAGE PANITOLA NA GAON PO PANITOLA PS AND DIST. TINSUKIA ASSAM 786183 4:SRI RABOTI BARUAH S/O LATE SUCHEN BARUAH Page No.# 2/3 RESIDENT OF VILLAGE PANITOLA NA GAON PO PANITOLA PS AND DIST. TINSUKIA ASSAM 786183 5:SRI LALLAN RAI S/O SRI SUKH CHAND RAI RESIDENT OF VILLAGE SEGUNBARI PO AND PS MARGHERITA DIST. TINSUKIA ASSAM 786181 6:SRI RAJIB KALITA S/O SRI DEBEN KALITA RESIDENT OF VILLAGE SEGUNBARI PO AND PS MARGHERITA DIST. TINSUKIA ASSAM 78618 Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : MR. A K GUPTA, FOR CAVEATOR,MR. R S MISHRA BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 14-05-2025 Learned counsel Mr. R. Goswami for the applicant/appellant has submitted that the respondent/opposite party Nos. 5 and 6 are not necessary parties and their names can be struck off. 2. Accordingly, the names of respondent/opposite party Nos. 5 and 6 are struck off from the array of parties. 3. Learned counsel Mr. A.K. Gupta is present for the respondent/opposite Page No.# 3/3 party Nos. 1 to 4. 4. Heard both the sides. 5. This is an application under Section 5 of the Limitation Act, 1963 read with proviso to Section 173 of the Motor Vehicles Act, 1988 with prayer to condone the delay of 8 (Eight) days in filing the connected appeal. 6. It is submitted that there was no willful negligence on the part of the Insurance Company except for certain procedural formalities. 7. I have considered the submissions at the bar. Delay is hereby condoned. 8. Registry to register the connected appeal and list the appeal on 21.05.2025 as it is submitted by the learned counsel for the applicant/appellant that there is some urgency in the mater. 9. In terms of the above observation, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant