Page No.# 1/3 GAHC010057862024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1492/2024 NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT GS ROAD, BHANGAGARH, GUWAHATI 05 VERSUS MUSSTT. EACHMINA KHATUN AND 5 ORS W/O LATE MASTOFA AHMED, RESIDENT OF VILLAGE JEWMARI, PO TELIACHAPARI, PS RUPAHIHAT, DIST NAGAON, ASSAM 782125 2:MUSSTT. HALIMA KHATUN W/O LATE ABDUL BATEN RESIDENT OF VILLAGE JEWMARI PO TELIACHAPARI PS RUPAHIHAT DIST NAGAON ASSAM 782125 3:MUSST. MUSFIYA AKHTARA D/O LATE MASTOFA AHMED RESIDENT OF VILLAGE JEWMARI PO TELIACHAPARI PS RUPAHIHAT DIST NAGAON ASSAM 782125 4:MD. IKBAL HUSSAIN S/O LATE MASTOFA AHMED RESIDENT OF VILLAGE JEWMARI Page No.# 2/3 PO TELIACHAPARI PS RUPAHIHAT DIST NAGAON ASSAM 782125 5:MD. BADRUL JAMAL LASKAR S/O MD. AMIRUDDIN LASKAR VILLAGE SONAPUR PART II SILCHAR DIST CACHAR ASSAM 78881 Advocate for the Petitioner : MR. K K BHATTA, MRS L SHARMA Advocate for the Respondent : MR D MONDAL (1,2,4), BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 01.11.2025 1. Heard Mr. K.K. Bhatta, learned counsel for the applicant. Also heard Mr. D. Mondal, learned counsel for the opposite party nos. 1, 2, 3 & 4. 2. The learned counsel for the opposite party nos. 1, 2 3 & 4 has submitted that the said opposite party do not have any objection in the prayer for condoning the delay is allowed. 3. In view of the said submission, learned counsel for the applicant submits that since the claimants are not opposing the prayer for condonation of delay, notice may be issued to respondent no. 5, who is the owner of the vehicle involved in the accident. 4. This application under Section 5 of the Limitation Act has been filed by the applicant praying for condonation of delay of 45 days in preferring the Page No.# 3/3 connected MFA, whereby the order dated 30.11.2023 passed by the learned Commissioner, Employees’ Compensation, Nagaon in N.E.C. Case No. 20/2022 has been impugned. 5. Considering the fact that the Opposite Party nos. 1 to 4 have not opposed the prayer for condonation of delay as well as considering the grounds shown by the applicant in paragraph no.5 of the instant application this court is considered opinion that the said ground may be regarded as sufficient grounds which prevented the present applicant who approached this court in filing the connected MFA within the prescribed period of limitation, hence, the delay of 45 days in preferring the connected MFA is hereby condoned. 6. The Registry is directed to registrar the connected MFA and list this same for admission in the next week on a date to be fixed by the Registry. 7. This Interlocutory Application accordingly disposed of. JUDGE Comparing Assistant