Page No.# 1/3 GAHC010293382023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/207/2024 ORIENTAL INSURANCE COMPANY LTD A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI, GS ROAD, ULUBARI, GUWAHATI 781007, REPRESENTED BY THE DEPUTY MANAGER, GUWAHATI REGIONAL OFFICE, ULUBARI, GUWAHATI 781007 VERSUS MINU DEKA AND 2 ORS W/O LATE BENUDHAR DEKA, RESIDENT OF VILLAGE AGDOLA, PO AND PS BAIHATA CHARIALI, DIST KAMRUP, ASSAM 781381 2:MISS RINKI DEKA D/O LATE BENUDHAR DEKA RESIDENT OF VILLAGE AGDOLA PO AND PS BAIHATA CHARIALI DIST KAMRUP ASSAM 781381 3:MR. ASHOK ULLAH S/O LATE ABDUL RAHIM RESIDENT OF VILLAGE BASHBERA PO BASHBERA DIST SONITPUR ASSAM 784506 4:MD. SAIDUL ISLAM S/O MD. MUSLEMUDDIN Page No.# 2/3 RESIDENT OF VILLAGE DIGHALDOL PO BESHBARA DIST SONITPUR ASSAM 78450 Advocate for the Petitioner : MS. R D MOZUMDAR, MS. C MOZUMDAR,MR. S P SHARMA Advocate for the Respondent : MR T KALITA (R-1,2), Linked Case : MACApp./15873/2023 ORIENTAL INSURANCE COMPANY LTD VERSUS MINU DEKA AND 2 ORS F ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for MINU DEKA AND 2 ORS F BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 20.01.2025 Heard Ms. R. D. Mozumdar, learned counsel for the applicant. Also heard Mr. T. Kalita, learned counsel for the respondent Nos. 1 and 2. Learned counsel for the applicant has submitted that the applicant has taken steps for service of notice through dasti mode on respondent Nos. 3 and 4 and seeks 3 (three) weeks time for filing affidavit in compliance with regard to Page No.# 3/3 service of notice. However, the learned counsel for the respondent Nos. 1 and 2 who are the claimants in this case submits that they have no objection if the prayer for condoning the delay of 78 days is allowed. Considering the fact that the claimants are the beneficiaries of the order against which appeal has been preferred and they have no objection regarding condoning the delay hence the notice on the respondent Nos. 3 and 4, who are the owner and the driver of the vehicle involved in the accident is hereby waived. After considering the submissions made by the learned counsel for the applicant as well as the fact that the counsel for the respondent Nos. 1 and 2 has consolidate to the prayer made by the applicant, as well as the grounds for causing the delay in preferring the connected appeal mentioned in the paragraphs Nos. 3 to 7 of the condonation of delay applicant, this Court is of the considered opinion that the delay in preferring the connected appeal has been sufficiently explained by the applicant. Hence, the said delay of 78 days is hereby condoned and this Interlocutory Application is allowed. The Registry is directed to register the connected MAC appeal and list the same for admission after a week on a date on a date to be fixed by the Registry. The name of Mr. T. Kalita, learned counsel for the respondent Nos. 1 and 2 may be reflected in the Cause List against the appeal to be registered at the time of its listing. JUDGE Comparing Assistant