Page No.# 1/3 GAHC010277592024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1034/2025 NATIONAL INSURANCE COMPANY LTD., HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH GUWAHATI 5 VERSUS KHELAPHATUN NESSA AND 3 ORS W/O LATE MAHAMMAD HOSEN, VILL. UDMARI PART II, P.O. LAKHIGANJ, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN 281320 2:ARUP NATH S/O GOURI KANTA NATH VILL. PALASHGURI P.O. MUSHALPUR P.S. MUSHALPUR PIN 781373 DIST. BAKSA (ASSAM) (OWNER CUM DRIVER OF MARUTI (AS-01/EF- 9424)) 3:AJIJUL HOQUE S/O LATE MOFIZ UDDIN SK VILL. UDMARI PART II P.O. LAKHIGANJ P.S. BILASIPARA DIST DHUBRI ASSAM PIN 281320 (OWNER CUM DRIVER OF MOTOR CYCLE (AS-17/A-1552)) 4:UNITED INDIA INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD CHENNAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD DISPUR Page No.# 2/3 GHY 5 (INSURER OF MOTOR CYCLE (AS-17/A-1552 Advocate for the Petitioner : MR. K K BHATTA, Advocate for the Respondent : MR SISHIR DUTTA (R-4), B SARMA (R-1),MR. M TALUKDAR(R-1),S K BEGUM(R-4),MS. M CHOUDHURY(R-4) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 19.08.2026 1. Heard Mr. K. K. Bhatta, learned counsel for the applicant. Also heard Ms. S. Patwari, learned counsel for the respondent No. 1/claimant as well as Ms. M. Choudhury, learned counsel for the respondent No. 4. 2. This interlocutory application has been filed by the applicant/Insurance Company under Section 5 of the Limitation Act praying for condonation of delay of 117 days in preferring the connected appeal. 3. The learned counsel for the applicant submits that the reason for delay has been stated in paragraph Nos. 4 and 5 of the instant interlocutory application. 4. Ms. Patwari, the learned counsel for claimant/respondent submits that since a talk of compromise is going on between the parties, the respondent has no objection if the delay is condoned. 5. Ms. Choudhury, learned counsel for respondent No. 4 also does not oppose the prayer for condoning the delay. 6. I have gone through the grounds stated in the instant interlocutory Page No.# 3/3 application. 7. After considering the said grounds, this Court is of considered opinion that same may be regarded as sufficient cause which prevented the applicant in preferring the connected appeal within the prescribed period of limitation. 8. As such, the delay of 117 days in filing the connected appeal is hereby condoned and this interlocutory application is allowed. 9. The Registry is directed to register the connected appeal and list the same for admission after a week on a date to be fixed by the Registry. JUDGE Comparing Assistant