Page No.# 1/5 GAHC010251052019 2025:GAU-AS:5081 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4119/2019 UNITED INDIA INSURANCE CO. LTD., HAVING ITS REGISTERED OFFICE AT 24, WHITES ROAD, CHENNAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD, GUWAHATI, ASSAM- 781005. VERSUS MD. ABDUL BARIK AND 6 ORS SON OF LATE ABDUL MAJID, R/O VILL PUB KALADUBA, P.O. JURIA, P.S. JURIA, DIST. NOGAON, ASSAM-782124 2:MUST FARIDA KHATUN WIFE OF ABDUL BARIK R/O VILL PUB KALADUBA P.O. AND P.S. JURIA DIST. NAGAON ASSAM-782124 3:SRI MANTU SAIKIA SON OF BABUL SAIKIA OF VILL. THIATANGANI P.O. AND P.S. JURIA DIST. NOGAON ASSAM-782124 OWNER OF THE VEHICLE NO. AS-02-E-4219 (AUTO RICKSHAW) 4:SRI HIRAK NANDI SON OF DIJENDRALAL NANDI OF VILL PRANAB NAGAR P.O. NAGAON DIST. NOGAON ASSAM-782001 (OWNER OF THE VEHICLE NO. AS-02-E-2690 (AUTO RICKSHAW) Page No.# 2/5 5:NEW INDIA ASSURANCE CO LTD NAGAON BRANCH P.O. NAGAON DIST. NAGAON ASSAM-782001 (INSURER OF THE VEHICLE NO. AS-02-E-4219 (AUTO RICKSHAW) 6:MD MIR HUSSAIN S/O MD HUSSAIN OF VILL. NO. 1 KATANIGAON P.O. NAGAON SADAR DIST. NAGAON ASSAM-782001 (DRIVER OF THE VEHICLE NO. AS-02-E-2690 (AUTO RICKSHAW Advocate for the Petitioner : MR. K K BHATTA, MS. R DEVI,MR J JOHN Advocate for the Respondent : MR J C BORAH, MR. A SHAKIL (r-1,2),MR. M TALUKDAR (r- 1,2),MRS B ACHARYA,MR. A ACHARYA Linked Case : UNITED INDIA INSURANCE CO. LTD VERSUS MD. ABDUL BARIK AND 6 ORS ------------ Advocate for : Advocate for : appearing for MD. ABDUL BARIK AND 6 ORS Linked Case : UNITED INDIA INSURANCE CO. LTD Page No.# 3/5 VERSUS MD. ABDUL BARIK AND 6 ORS Advocate for the appellant(s): Mr. KK Bhatta Advocate for the respondent(s): Mr. M Talukdar Mr. JC Bora B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 25.04.2025 Heard Mr. KK Bhatta, the learned counsel appearing on behalf of the applicant. Mr. M Talukdar, the learned counsel appears on behalf of the respondent Nos.1 and 2 and Mr. JC Bora, the learned counsel appears on behalf of the respondent No.3. 2. This is an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay to prefer the accompanying appeal challenging the judgment and award dated 17.05.2016 passed by the learned Member, MACT Nagaon in MAC Case No.46/2011. The delay in the instant case is 942 days in preferring the appeal. 3. It is relevant to take note of that the judgment and award was passed on 17.05.2016. However, on perusal of the application reveals that on 10.08.2019, Page No.# 4/5 the file pertaining to the instant claim proceedings was traced out from the lot and thereupon steps were being taken. There is no mention in the said application as to why no steps were taken immediately after the passing of the judgment and award dated 17.05.2016. There is not even a whisper of explanation as regards why all of a sudden on 10.08.2019, the file could be traced out or why the file was not traced prior to 10.08.2019. 4. Considering the above, this Court does not find the present application to be filed bona fide explaining the causes for the delay. 5. Accordingly, the application, seeking condonation of delay, in absence of any sufficient cause cannot be allowed, for which, the instant application stands dismissed. 6. Taking into account that without condoning the delay, the accompanying appeal cannot be entertained, the appeal also stands dismissed. 7. Mr. KK Bhatta, the learned counsel submits that the amount of Rs.25,000/- so deposited at the time of filing the Appeal be directed to be refunded to the Applicant. 8. This Court observes that upon the awarded amount as directed by the learned Member, MACT Nagaon, in MAC Case No.46/2011 being deposited and the learned Tribunal acknowledging the receipt thereof by the way of an order being produced before the Registry, the statutory deposit of Rs.25000/- so made by the applicant at the time of filing of the appeal be refunded by the Registry. JUDGE Page No.# 5/5 Comparing Assistant