Page No.# 1/3 GAHC010242892025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3666/2025 ON THE DEATH OF LATE LATE HIRA BARUAH HIS LEGAL HEIRS RESIDENT OF HARIGAON PO AND PS TEZPUR DISTRICT SONITPUR ASSAM 2: BABUL BARUAH HUSBAND OF LATE HIRA BARUAH RESIDENT OF HARIGAON PO AND PS TEZPUR DISTRICT SONITPUR ASSAM 3: MANASHI DAS DAUGHTER OF LATE HIRA BARUAH RESIDENT OF BARIKA BHUBURI DARIKIAL GAON PO AND PS TEZPUR DISTRICT SONITPUR ASSAM 4: AMARJYOTI BARUAH SON OF LATE HIRA BARUAH RESIDENT OF HARIGAON PO AND PS TEZPUR DISTRICT SONITPUR ASSA VERSUS NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MUMBAI AND ONE OF TGHE NORTH EAST REGIONAL OFFICE AT GS ROAD ULUBARI GUWAHATI Advocate for the Petitioner : ABBASH U AHMED, MR. K BHATTACHARJEE Advocate for the Respondent : MR. K K BHATTA, Linked Case : MFA/43/2014 NEW INDIA ASSURANCE CO. LTD. Page No.# 2/3 HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD FORT MUMBAI 400001 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI-5 REPRESENTED BY ITS CHIEF REGIONAL MANAGER. VERSUS HERRA BARUAH and ANR. W/O SRI BABUL BARUAH 2:BABUL BARUAH S/O LATE HEMO PRASAD BARUAH BOTH R/O HARIGAON P.S. P.O. TEAPUR 784001 DIST. SONITPUR ASSAM. 3:EVEREST INFRA ENERGY LTD. C/O SONITPUR BISCUIT PVT. NO.-1 DOLABARI PO-KALIABUMURA SONITPUR TEZPUR 4:RAJIB DUTTA R/O-BENGALI THEATRE HALL ROAD TEZPUR ASSAM PIN-784001 ------------ Advocate for : MR.A AHMED Advocate for : MR.S KHANR- 1 and 2 appearing for HERRA BARUAH and ANR. BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 01.12.2025 Heard Mr. K. Bhatacharjee, the learned counsel appearing for the applicant. Also Page No.# 3/3 heard Ms. A. Biyani, the learned counsel appearing for the respondent. 2. This application has been filed under Section 5 of the Limitation Act, 1963 praying for condonation of 1189 days of delay in preferring the application for substitution of the legal heirs of the respondent 1, late Hira Baruah. 3. Ms. Biyani has submitted that the matter has been amicably settled between the claimants and the Insurance Company. Therefore, she has no objection to the prayer of condonation. 4. I have considered the submissions made by the learned counsel of both sides. 5. Therefore, the delay stands condoned. 6. The legal heirs of late Hira Baruah shall be substituted in her place in the connected MFA/43/2014. The registry shall make the necessary correction in the Title Page of the Memo of Appeal. The IA stands disposed of accordingly. JUDGE Comparing Assistant