Page No.# 1/2 GAHC010286242018 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4410/2018 SRI NIRMAL BARMAN S/O LATE JUGAL CH. BARMAN, R/O TARAPUR, GOSSAIPARA, P.O. SILCHAR, DIST. CACHAR, ASSAM, PIN- 788003 VERSUS MD. LAL MAHAMMAD MAJUMDAR and 2 ORS. S/O- LATE CHERAG ALI MAJUMDAR R/O- VILL.- DAKHIN MOHONPUR PT.-IV, PIN- 788119, P.S.- SONAI, DIST.- CACHAR, ASSAM 2:MD. ABED HUSSAIN LASKAR S/O- MOIN UDDIN LASKAR R/O- VILL.- TULWAGRAM PT-I P.S.- SONAI DIST.- CACHAR ASSAM PIN- 788119 3:NATIONAL INSURANCE CO. LTD. REP. BY THE DIVISIONAL MANAGER SILCHAR DIVISIONAL OFFICE P.O.- SILCHAR DIST.- CACHAR ASSAM PIN- 78800 Advocate for the Petitioner : MR. M TALUKDAR, MR. A SHAKIL Advocate for the Respondent : MRS. S ROY (r-3), Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 21.04.2025 1. Heard Mr. M. Talukdar, learned counsel for the applicant. Also heard Ms. U. Roy, learned counsel for the respondents. 2. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant/appellant for condoning the delay of 499 days in filing the restoration application for restoring the MAC Appeal No. 185/2010 which was dismissed for default on 20.06.2017. 3. The applicant has shown the cause for preferring the restoration application after a delay of 499 days in paragraph Nos. 3 to 16. 4. The learned counsel for the respondents has not opposed the prayer for delay. 5. Considering the fact that the learned counsel for the respondents side is conceded to the prayer for condoning the delay as well as considering the cause shown in paragraph Nos. 3 to 16 of the application for condoning the delay to be sufficient cause, the prayer for condoning the delay of 499 days in preferring the connected I.A. (restoration petition) for restoring the MAC Appeal No. 185/2010 is hereby allowed and the said delay is condoned. JUDGE Comparing Assistant