SRI DULAL BORAH v. SRI NABA KAMAL SAIKIA AND 4 ORS
I.A.(Civil)/3435/2025 · 2026-05-12
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3270 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3270 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010234512025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3435/2025 SRI DULAL BORAH S/O LATE KESHAB BORA, RESIDENT OF VILLAGE - DAKARGHAT, P.O., P.S.
AND DISTRICT NAGAON, ASSAM, PIN - 782003 VERSUS SRI NABA KAMAL SAIKIA AND 4 ORS S/O LT. MONINDRA NATH SAIKIA, RESIDENT OF VILLAGE - KURUABAHI SATRA, P.O AND P.S. JAJORI, DIST. NAGAON, ASSAM, PIN - 782142 2:SRI NIPEN DAS S/O SRI BIREN DAS RESIDENT OF VILLAGE - RAIDANGIA AAIBHETI P.O.-AAIBHETI BO P.S.-JAJORI DIST. - NAGAON ASSAM PIN - 782002.
3:ORIENTAL INSURANCE CO LTD REPRESENTED BY THE BRANCH CHRISTIANPATTY RKB ROAD NAGON HO P.O. - NAGAON P.S. - NAGAON SADAR DIST. NAGAON ASSAM PIN - 782001.
4:SRI TILAK CH BORAH S/O DHATURAM BORAH
Page No.# 2/3 RESIDENT OF VILLAGE - DAKARGHAT P.O. - DAKARGHAT P.S. - NAGAON SADAR DISTRICT - NAGAON ASSAM PIN - 782003 5:NATIONAL INSURANCE CO LTD REPRESENTED BY BRANCH MANAGER NAGON BRANCH OFFICE M.G. ROAD CHRISTIANPATTY NAGAON P.O. - NAGAON P.S. - NAGAON SADAR DISTRICT - NAGAON PIN - 782001 Advocate for the Petitioner : MS. S NAZNEEN, MS. B LASKAR,MS P BORA,MR. K M HASSAN Advocate for the Respondent : MR. N ISLAM (R1, R2), MS P SHILL(R4),MS K GOSWAMI(R4),MRS. M BARUAH(R4),MR. S P SHARMA(R5),MS. C MOZUMDAR(R5),MS. R D MOZUMDAR(R5),MR. J KALITA (R-3)
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 13.05.2026
1. Heard Ms. S. Nazani, the learned counsel for the applicant. Also heard Mr. J. Kalita, the learned counsel appearing for Respondent No. 3, Ms. R. D. Mazumdar, the learned counsel appearing for Respondent No. 5, and Ms. P. Shill, the learned counsel appearing for Respondent No. 4.
2. None has appeared on behalf of Respondent Nos. 1 and 2, although the names of the engaged counsels for Respondent Nos. 1 and 2 are reflected in the cause list.
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3. This interlocutory application has been filed by the applicant Sri. Dulal Borah, praying for condonation of delay of 82 days in preferring the connected MAC Appeal. The leaned counsel for the applicant has submitted that the applicant has mentioned the reasons for delay in paragraph no. 7, 8, 9,10, 11 and 12.
4. Considering the grounds stated in the instant interlocutory application, the
learned counsel for the respondents have not opposed the prayer for condonation of delay.
5. I have gone through the grounds stated in the instant application. Considering the same, the sufficient cause which prevented the present applicant from preferring the connected appeal within the prescribed period of limitation, the delay of 82 days in preferring the connected appeal is hereby condoned and this interlocutory application is hereby allowed.
6. Registry is directed to register the connected MAC Appeal and list the same for admission after a week on a date to be fixed by it.
7. The names of the learned counsel for the respondents have indicated hereinbefore shall be reflected in the cause list henceforth.
8. The applicant is directed to furnish requisite copies of memo of appeal along with annexures to the learned counsel for the respondents.
JUDGE Comparing Assistant