Page No.# 1/5 GAHC020002112025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/58/2025 THE NEW INDIA ASSURANCE CO. LTD AND ANR REPRESENTED BY THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, DIMAPUR, NAGALANBD-797112 2: M/S NEW INDIA ASSURANCE CO.LTD SERVING OFFICE- DO 122200 NEW INDIA CENTRE IST FLOOR 17-A COOPERAGE ROAD MUMBAI MAHARTASHTRA-40000 VERSUS SHRI BIJU DUTTA AND 5 ORS W/O LATE NITAI DUTTA, RESPONDENT NO. 2,3,4 ARE REPRESENTED BY R.NO. 1 BEING THE NATURAL GUARDIAN AS MOTHER TO R/NO. 2 AND 3 AND DAUGHTER -IN-LAW OF R/NO.4 WHO IS PRESENTLY RESIDING AT C/O SHRI MEREN JAMIR, TUENSANG TOWN, PO AND PS - TUENSANG, DISTRICT - TUENSANG NAGALAND-798612 AND ALSO HAVING ALTERNATE (PERMANENT) ADDRESS AT VILLAGE-BIHPURIA, DISTRICT- LAKHIMPUR, ASSAM-784161 2:SHRI AMAN DUTTA S/O LATE NITAI RESPONDENT NO. 2 3 4 ARE REPRESENTED BY R.NO. 1 BEING THE NATURAL GUARDIAN AS MOTHER TO R/NO. 2 AND 3 AND DAUGHTER -IN-LAW OF R/NO.4 WHO IS PRESENTLY RESIDING AT C/O SHRI MEREN JAMIR TUENSANG TOWN PO AND PS - TUENSANG DISTRICT - TUENSANG NAGALAND-798612 AND ALSO HAVING Page No.# 2/5 ALTERNATE (PERMANENT) ADDRESS AT VILLAGE-BIHPURIA DISTRICT-LAKHIMPUR ASSAM-784161 3:SMTI PIYALI DUTTA D/O LATE NITAI DUTTA RESPONDENT NO. 2 3 4 ARE REPRESENTED BY R.NO. 1 BEING THE NATURAL GUARDIAN AS MOTHER TO R/NO. 2 AND 3 AND DAUGHTER -IN-LAW OF R/NO.4 WHO IS PRESENTLY RESIDING AT C/O SHRI MEREN JAMIR TUENSANG TOWN PO AND PS - TUENSANG DISTRICT - TUENSANG NAGALAND-798612 AND ALSO HAVING ALTERNATE (PERMANENT) ADDRESS AT VILLAGE-BIHPURIA DISTRICT-LAKHIMPUR ASSAM-784161 4:SHRI PARUL DUTTA W/O LATE KALIPADA DUTTA AND MOTHER OF NITAI DUTTA REPRESENTED BY SHRI BIJU DUTTA W/O LATE NITAI DUTTA PRESENTLY RESIDING AT BIHPURIA TOWN WARD NO. 7 P.O/P.S. - BIHPURIA DISTRICT-LAKHIMPUR ASSAM PIN-784161 AND ALSO HAVING ALTERNATE(PERMANENT) ADDRESS AT VILLAGE-BIHPURIA TOWN WARD NO.7 P.O./P.S.-BIHPURIA DISTRICT-LAKHIMPUR ASSAM-78416 5:SHRI UTTAM DEVNATH S/O LATE SUK DEBNATH BIHPURA TOWN WARD 7 P.O BIHPURIA DISTRICT- LAKHIMPUR ASSAM -784161 6:M/S TATA MOTORS INSURANCE BROKING AND ADVISORY SERVICES LTD. 1ST FLOOR AFL HOUSE LOK BHARATI COMPLEX MAROLO MAROSHI ROAD ANDHERI EAST MUMBAI-40005 Page No.# 3/5 Advocate for the Petitioner : PFOSEKHO PFOTTE, Advocate for the Respondent : , Linked Case : MACApp./6/2025 THE NEW INDIA ASSURANCE CO. LTD AND ANR REPRESENTED BY THE DIVISIONAL MANAGER DIVISIONAL OFFICE DIMAPUR NAGALANBD-797112 2: M/S NEW INDIA ASSURANCE CO.LTD SERVING OFFICE- DO 122200 NEW INDIA CENTRE IST FLOOR 17-A COOPERAGE ROAD MUMBAI MAHARTASHTRA-400001 VERSUS SHRI BIJU DUTTA AND 5 ORS W/O LATE NITAI DUTTA RESPONDENT NO. 2 3 4 ARE REPRESENTED BY R.NO. 1 BEING THE NATURAL GUARDIAN AS MOTHER TO R/NO. 2 AND 3 AND DAUGHTER -IN-LAW OF R/NO.4 WHO IS PRESENTLY RESIDING AT C/O SHRI MEREN JAMIR TUENSANG TOWN PO AND PS - TUENSANG DISTRICT - TUENSANG NAGALAND-798612 AND ALSO HAVING ALTERNATE (PERMANENT) ADDRESS AT VILLAGE-BIHPURIA DISTRICT-LAKHIMPUR ASSAM-784161 2:SHRI AMAN DUTTA S/O LATE NITAI RESPONDENT NO. 2 3 4 ARE REPRESENTED BY R.NO. 1 BEING THE NATURAL GUARDIAN AS MOTHER TO R/NO. 2 AND 3 AND DAUGHTER -IN-LAW OF R/NO.4 WHO IS PRESENTLY RESIDING AT C/O SHRI MEREN JAMIR TUENSANG TOWN Page No.# 4/5 PO AND PS - TUENSANG DISTRICT - TUENSANG NAGALAND-798612 AND ALSO HAVING ALTERNATE (PERMANENT) ADDRESS AT VILLAGE-BIHPURIA DISTRICT-LAKHIMPUR ASSAM-784161 3:SMTI PIYALI DUTTA D/O LATE NITAI DUTTA RESPONDENT NO. 2 3 4 ARE REPRESENTED BY R.NO. 1 BEING THE NATURAL GUARDIAN AS MOTHER TO R/NO. 2 AND 3 AND DAUGHTER -IN-LAW OF R/NO.4 WHO IS PRESENTLY RESIDING AT C/O SHRI MEREN JAMIR TUENSANG TOWN PO AND PS - TUENSANG DISTRICT - TUENSANG NAGALAND-798612 AND ALSO HAVING ALTERNATE (PERMANENT) ADDRESS AT VILLAGE-BIHPURIA DISTRICT-LAKHIMPUR ASSAM-784161 4:SHRI PARUL DUTTA W/O LATE KALIPADA DUTTA AND MOTHER OF NITAI DUTTA REPRESENTED BY SHRI BIJU DUTTA W/O LATE NITAI DUTTA PRESENTLY RESIDING AT BIHPURIA TOWN WARD NO. 7 P.O/P.S. - BIHPURIA DISTRICT-LAKHIMPUR ASSAM PIN-784161 AND ALSO HAVING ALTERNATE(PERMANENT) ADDRESS AT VILLAGE-BIHPURIA TOWN WARD NO.7 P.O./P.S.-BIHPURIA DISTRICT-LAKHIMPUR ASSAM-78416 5:SHRI UTTAM DEVNATH S/O LATE SUK DEBNATH BIHPURA TOWN WARD 7 P.O BIHPURIA DISTRICT- LAKHIMPUR ASSAM -784161 6:M/S TATA MOTORS INSURANCE BROKING AND ADVISORY SERVICES LTD. 1ST FLOOR AFL HOUSE LOK BHARATI COMPLEX MAROLO MAROSHI ROAD Page No.# 5/5 ANDHERI EAST MUMBAI-400059 ------------ Advocate for : PFOSEKHO PFOTTE Advocate for : B. N. SARMAH appearing for SHRI BIJU DUTTA AND 5 ORS BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 18/05/2026 The instant application under Section 5 of the Indian Limitation Act, 1963 has been filed by the appellant/ applicants seeking for condonation of delay of 60 days in preferring the connected MAC Appeal No. 6/2025. 2. Heard Mr. Medo Vero, learned counsel for the applicant. 3. The reasons for the delay has been set out in paragraph-11 of the application. The same has been perused and it is found that the sufficient cause has been shown for the delay. 4. The learned counsel for the claimant/ respondents, Mr. Imtiwapang also has not raise any objection regarding the delay, accordingly, the delay of 60 days in preferring the MAC Appeal No. 6/2025 is condoned and the application is allowed. JUDGE Comparing Assistant