Page No.# 1/3 GAHC010262042023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1135/2024 DEBAJIT DEKA S/O SRI KAMESWAR DEKA, R/O GUNA APARTMENTS, LAKHIMI NAGAR, P.S.- HATIGAON, DIST.- KAMRUP (M), ASSAM. VERSUS GAGAN DAS AND 2 ORS. S/O SRI SAILENDRA KUMAR DAS, R/O DOWNTOWN SARUMOTORIA, P.S.- DISPUR, DIST.- KAMRUP (M), ASSAM, PIN- 785673. 2:HIREN KALITA S/O SRI GHANASHYAM KALITA VILL.- BARKULHATI P.O.- KALANG P.S. AND DIST.- NALBARI ASSAM PIN- 785673. 3:ICICI LOMBARD GIC LTD. HAVING ITS BRANCH OFFICE AT 3RD FLOOR MADHAB TOWER G.S. ROAD RUKMINI GAON P.S.- DISPUR GUWAHATI- 781022. (REP. BY ITS BRANCH MANAGER) Advocate for the Petitioner : MR D MONDAL, Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 08-12-2025 Heard learned counsel for the applicant Mr. D. Mondal. 2. The present application has been filed u/s 5 of the Limitation Act praying for condonation of delay of 69 days in filing the connected MAC Appeal which has been filed against the order dated 09.06.2023 passed by the learned Member, MACT, Kamrup, Amingaon in MAC Case No. 183/2018. 3. The Office Note dated 26.05.2025 indicates that notice has been issued to respondent nos. 1, 2 & 3 by registered post with A/D. The service report on respondent no. 1 was returned with the remark “Insufficient address. Return to sender”. The notice on respondent no. 2 was received by his mother. In respect of respondent no. 3, the notice was received and signed by employee of the ICICI, Lombard Limited. 4. Today when the matter was called one appears for respondent no. 3. 5. This present application has been filed by the applicant with the reason that the engaged counsel has entrusted his juniors to obtain the certified copy of judgment & order dated 09.06.2023. However, there was some delay in obtaining the certified copy. It is also stated that the applicant did not know that the case has been dismissed and he came to know only in the last week of August, 2023 that the claim has been dismissed and thereafter he contacted the engaged counsel and instructed him to file the appeal. Thereafter some more days have been taken by the engaged counsel in order to prepare the appeal. Page No.# 3/3 In such process, there being a delay of 69 days in filing the connected appeal. 6. This Court is of the view that sufficient cause has been shown and therefore the delay of 69 days is condoned. 7. The application is allowed. 8. Registry is directed to register the connected MAC Appeal and list the same for Admission Hearing after the winter vacation. JUDGE Comparing Assistant