Page No.# 1/4 GAHC020001892025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/51/2025 THE ORIENTAL INSURANCE COMPANY LTD. REGISTERED AND HEAD OFFICE AT ORIENTAL HOUSE A- 25/27,ASAF ALI ROAD, NEW DELHI-110002, AND REGIONAL DIVISIONAL OFFICES IN SEVERAL PLACES, INCLUDING A REGIONAL OFFICE AT DIMAPUR IN THE STATE OF NAGALAND VERSUS AJAY KUMAR SINGH AND 2 ORS S/O BRAHAMDEO SINGH R/O PHOM COLONY BURMA CAMP, DIMAPUR, NAGALAND 2:SHRI RAJEN THAPA S/O LT. B.B. THAPA R/O NEWFIELD COLONY GOLAGHAT ROAD DIMAPUR NAGALAND (DRIVER OF MOTOR BIKE B/R NL 07/J 5971) 3:SHRI RAM GOPAL AGARWAL S/O SHRI NAND KISHOR AGARWAL DUNCAN BOSTI DIMAPUR NAGALAND (OWNER OF THE BIKE B/R NO. NL 07/J 5971 Advocate for the Petitioner : KIM PIENYU, Advocate for the Respondent : , Page No.# 2/4 Linked Case : MACApp./4/2025 THE ORIENTAL INSURANCE COMPANY LTD. REGISTERED AND HEAD OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI-110002 AND REGIONAL DIVISIONAL OFFICES IN SEVERAL PLACES INCLUDING A REGIONAL OFFICE AT DIMAPUR IN THE STATE OF NAGALAND VERSUS AJAY KUMAR SINGH AND 2 ORS S/O BRAHAMDEO SINGH R/O PHOM COLONY BURMA CAMP DIMAPUR NAGALAND 2:SHRI RAJEN THAPA S/O LT. B.B. THAPA R/O NEWFIELD COLONY GOLAGHAT ROAD DIMAPUR NAGALAND (DRIVER OF MOTOR BIKE B/R NL 07/J 5971) 3:SHRI RAM GOPAL AGARWAL S/O SHRI NAND KISHOR AGARWAL DUNCAN BOSTI DIMAPUR NAGALAND (OWNER OF THE BIKE B/R NO. NL 07/J 5971) ------------ Advocate for : KIM PIENYU Advocate for : P. B. PAUL appearing for AJAY KUMAR SINGH AND 2 ORS BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER O R D E R 14.10.2025 Learned counsel for the appellant/applicant, Mr. Laknyei Phom and learned counsel for the respondent no. 1, Mr. Pfosekho Pfotte are present. Page No.# 3/4 2. This application under Section 5 of the Limitation Act, 1963 has been filed praying for condonation of 33 days in filing the connected MAC Appeal. The appellant/applicant has stated that the appellant has a Divisional Office at Dimapur in the State of Nagaland and Regional Office in Guwahati, Assam. The appellant had received a copy of the Judgment dated 09.12.2024 only on 15.01.2025, through its counsel and it was thereafter forwarded to the Regional Office for verifying and the same was returned to the Divisional Office at Dimapur with the advice to file an appeal at the Gauhati High Court Kohima Bench on 27.02.2025. On 04.03.2025, the company/appellant appointed Ms. Sedengunuo Pienyu to represent the case at the Gauhati High Court Kohima Bench and the file was received by the said counsel on 10.03.2025. Thereafter, the counsel furnished her legal opinion and returned the file along with the preferred appeal to the company/appellant on 19.03.2025 to obtain signature and necessary formalities. 3. Thereafter, the Regional Office at Guwahati, Assam, after putting the signatures in the affidavits returned the file to its Divisional Office in Dimapur on 08.04.2025. The instant appeal was filed on 14.04.2025, thus causing the delay of 33 days in filing the connected appeal. 4. It is submitted that the delay has been caused due to reasons stated above and not due to any wilful negligence or default on the part of the appellant and as such it is prayed that the delay of 33 days may be condoned and the appeal may be admitted for hearing. 5. Learned counsel for the respondent no. 1, Mr. Pfosekho Pfotte has no Page No.# 4/4 objection and has prayed that the appeal may be admitted and may be heard on merits. 6. This Court has gone through the application of the appellant and is satisfied that there was sufficient cause given for the delay. Accordingly, the delay of 33 days is condoned and the application is allowed. 7. The instant application stands disposed. JUDGE Comparing Assistant