Page No.# 1/4 GAHC010030382025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/560/2025 SUMIT DEB S/O. LT. BIRENDRA KUMAR DEB, R/O. VILL.- DAIMUKHIA, RUPBON, MILAN NAGAR, PIN-786151, P/S. DOOMDOOMA, P/O. DOOMDOOMA, DIST. TINSUKIA, ASSAM. VERSUS RITA DEBNATH AND 4 OTHERS W/O. LT. RATAN DEBNATH, R/O. VILL.- PUKHURIJAN, P/O. CHABUA, P/S. CHABUA, PIN-786184, DIST. DIBRUGARH, ASSAM.DIBRUGARH, ASSAM 2:THE REGIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD. REGIONAL OFFICE STAR CITY COMPLEX 5TH FLOOR LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD GUWAHATI-07 DIST. KAMRUP (M) ASSAM. 3:THE ASSISTANT MANAGER TP CLAIMS HUB GUWAHATI RO THE NEW INDIA ASSURANCE CO. LTD. STAR CITY COMPLEX 5TH FLOOR LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD Page No.# 2/4 GUWAHATI-07 KAMRUP(M) ASSAM. 4:HARU ALI S/O. LT. MONA ALI R/O. BORHAPJAN PIN-786150 P/S. DOOMDOOMA DIST. TINSUKIA ASSAM. 5:THE GOVERMENT OF INDIA REP. BY THE DIRECTOR (MVL) MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MVL SECTION) TRANSPORT BHAWAN 1 PARLIAMENT STATION NEW DELHI-110001 Advocate for the Petitioner : MR. B BORGOHAIN, MS. S G BARUAH,MR. S NEOG,MR B SAIKIA Advocate for the Respondent : MS. R D MOZUMDAR (R-2,3), MR. S P SHARMA(R-2,3),MS. C MOZUMDAR(R-2,3) In MACApp. Case No. 1765/2025 With MACApp. Case No. 1765/2025 (Filing Number) With I.A.(Civil) Case No. 1783/2025(Filing Number) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 05.03.2026 Page No.# 3/4 [1] Heard Ms. S.G. Baruah, the learned counsel for the applicant/appellant. Also heard Ms. R.D. Mozumdar, the learned counsel for the respondent Nos. 2 and 3. None has appeared for the respondent No. 1, despite service of notice upon the said respondent. [2] This interlocutory application under Section 5 of the Limitation Act, 1963 has been preferred by the applicant praying for condonation of delay of 154 days in preferring the connected appeal. [3] Perused the statements made in paragraph Nos. 2, 3, 4 and 5 and also the additional affidavit submitted explaining the cause of the delay, the averments wherein are supported by affidavit. [4] It appears from the record that the present applicant, who is the owner of the offending vehicle did not participate in the proceedings before the learned Tribunal and it is stated that he has not received any notice regarding the said proceedings and the learned Tribunal has proceeded ex-parte against the applicant on the basis of track consignment report. An affidavit-in-opposition has been submitted on behalf the respondent Nos. 2 and 3 opposing the condonation of delay. [5] Having regard to the statements made in the instant interlocutory application as well as the additional affidavit submitted by the learned counsel for the applicant, I am of the view that the delay has been sufficiently explained that the applicant/appellant Page No.# 4/4 was prevented by sufficient cause from approaching the Court within the period of limitation and accordingly, the delay stands condoned and the interlocutory application stands disposed of. [6] Registry to register the connected appeal. JUDGE Comparing Assistant