Page No.# 1/2 GAHC010276322024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) MC/90/2024 M/S HDFC ERGO GEN. INS. CO. LTD. HAVING ITS REGISTERED OFFICE AT 6TH FLOOR LEELA BUSINESS PARK ANDHERI KURLA ROAD ANDHERI (EAST) MUMBAI- 400059 AND A BRANCH OFFICE AT 6TH FLOOR ADITYAM BUILDING G.S. ROAD LACHIT NAGAR GUWAHATI-781007. VERSUS NITAI BHOWMICK AND ANR S/O- LATE SIDAM BHOWMICK R/O- BANSHBARI PUB BONGAL PUKHURI P.S. AND DIST.- JORHAT P.O. RAJABARI PIN- 785014. 2:MD. SHAMARUDDIN S/O- LATE FAIZUR RAHMAN R/O- RAJAMAIDAM NEW COLONY P.S. P.O. AND DIST.- JORHAT PIN- 785001. (OWNER OF MAHINDRA XYLO NO. AS-03M/7025). ------------ Advocate for : MR. K K BHATTA Advocate for : DR R SARMA appearing for NITAI BHOWMICK AND ANR Page No.# 2/2 BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 10.12.2025 The present application is filed by the applicant/appellant praying for restoration of the MAC Appeal no. 253/2020 which was dismissed for non-prosecution vide order dated 20.08.2024. On 21.05.2025, the learned counsel for the opposite party no. 1 had taken time to file an objection. However, no objection has been filed till date. Accordingly, the matter is taken up for consideration. Today also, when the matter is called, none appears for the opposite party no. 1. The Court after consideration of the submission of the learned counsel for the applicant and upon perusal of the pleadings is of the view that there was no negligence or willful absence on the part of the appellant’s advocate in failing to attend the Court when the appeal was called for hearing and that it was due to his bonafide mistake by overlooking his item in the cause-list. Accordingly the present application is allowed and MAC Appeal no. 253/2020 is restored to file. Office to list MAC Appeal no. 253/2020 for hearing in January, 2026. JUDGE Comparing Assistant