Page No.# 1/3 GAHC010040312023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Civil)/539/2020 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE 2ND FLOOR NP. 2 N.S.C. BOSE ROAD CHENNAI- 600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA 4TH FLOOR OPP. TO S.B. DEORAH COLLEGE G.S. ROAD GUWAHATI REP. BY ITS BRANCH MANAGER AS O.P. NO. 3 IN MAC CASE NO. 29/2018. VERSUS SRI CHAKRA BAHADUR DORJEE @ MANUJ AND 2 ORS S/O- SRI PUSPA BAHADUR DORJEE R/O- VILL. MERAGURIA GAON P.S. AND P.O. LALUK DIST.- LAKHIMPUR ASSAM PIN- 787160 (CLAIMANT) 2:MOUSAM CHANGKAKOTI S/O- SRI BUDHESWAR GOGOI R/O- H/N-2 NATUN PATH HATIGAON P.O. CHARIALI SUB OFFICE PS. HATIGAON DIST.- KAMRUP ASSAM PIN- 781038. (OWNER OF THE VEHICLE AR-01-G-3988 (BUS)) Page No.# 2/3 3:HABIZUDDIN AHMED S/O- ABDUL HANIF ALI C/O- MR. B MALLICK H/N-12 WARD NO. 4 GOPINATH NAGAR P.O. AND P.S. DISPUR DIST.- KAMRUP ASSAM PIN- 781016. ( DRIVER OF THE VEHICLE AR-01-G-3988 (BUS)) ------------ Advocate for : MR. R GOSWAMI Advocate for : MR. B CHETRI appearing for SRI CHAKRA BAHADUR DORJEE @ MANUJ AND 2 ORS BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 27.10.2025 Heard Mr. R. Goswami, learned counsel for the applicant and Mr. B. Chetri, learned counsel for the respondents. This application under Section 5 of the Limitation Act, 1963 read with Section 173 of the MV Act, 1988 has been filed for condoning the delay of 18 days in preferring the connected MAC appeal. The grounds for delay in not preferring the connected substitution petition on time has been categorically mentioned in paragraph No. 2 of the application. Upon hearing the learned counsel for the parties and on perusal of the averments made in paragraph No. 2 of this application, this court is satisfied that the applicant was prevented by a sufficient cause in not preferring the connected appeal within the stipulated time. Moreover, the learned counsel for the respondents has no objection for condoning the delay. In view of the above, the application is allowed and the delay of 18 days in preferring the connected memo of appeal is hereby condoned. The I.A. stands disposed of. Page No.# 3/3 The Registry is directed to register the connected appeal and list it for admission on a date to be fixed by the Registry by showing the name of Mr. B. Chetri, learned counsel for the respondent Nos. 1, 2, 3 and 4. JUDGE Comparing Assistant