Page No.# 1/4 GAHC010031072024 2025:GAU-AS:4732 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/586/2024 RUFIYA BEGUM @ RUPIA BIBI AND 2 ORS. W/O LATE BAHARUL ALI, VILL.- NARENGGA P.S. BOKO- 781123 DIST.- KAMRUP (ASSAM). 2: ROKI ALI S/O LATE BAHARUL ALI VILL.- NARENGGA P.S. BOKO- 781123 DIST.- KAMRUP (ASSAM). (BEING MINOR REP. BY HIS MOTHER APPELLANT NO. 1). 3: CHILD IN WOMB D/S LATE BAHARUL ALI VILL.- NARENGGA P.S. BOKO- 781123 DIST.- KAMRUP (ASSAM) VERSUS RAFIKUL ISLAM AND ANR. BHALUKGHATA, P.O. AND P.S. BOKO- 781123 DIST.- KAMRUP (ASSAM). 2:NEW INDIA ASSURANCE CO. LTD REP. BY REGIONAL MANAGER G.S. ROAD LACHIT NAGAR GUWAHATI- 781007 (ASSAM) Advocate for the Petitioner : MR. A R AGARWALA, MR ADITYA AGARWALA,MD. K ALI Advocate for the Respondent : MR. S DUTTA (R-2), MS S MOCHAHARI (R-2),MR. S DUTTA (R- 2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 21-04-2025 Heard Mr. A. R. Agarwala, learned counsel for the applicants. I have also heard Mr. S. Dutta, learned counsel for the respondent no. 2. 2. Although steps for service of notice upon the respondent no. 1 was effected, however, the unserved notice returned with the postal remark, “Refused”. 3. In view of the above, the notice upon the respondent no. 1 is deemed to have been served. 4. This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 651 days in preferring the connected appeal against the impugned judgment and order dated 05.02.2021, passed by the learned Commissioner for Employees Compensation, Kamrup, Guwahati in WP(C)/54/2016. 5. The learned counsel for the applicants submits that the ground for delay in preferring the connected appeal has been explained in paragraphs 3, 4 and 5 of the condonation petition. 6. It is submitted that the impugned order was passed during the Corona pandemic time due to which the certified copy of the order could not be applied and obtained on time, some time was taken for consultation of the Advocate who appeared before the Trial Court and also to consult the Advocate for Page No.# 3/4 obtaining certified copies and then for filing appeal, and some time was wasted due to the Court vacation and various Puja holidays and other holidays, during which time, the meeting of the Advocate and filing of the appeal was not possible despite of the efforts made by the applicants; and some more time also passed because of the illness of the child of the appellant and subsequent vacation/Christmas holidays and other holidays including the Bihu holidays, and in the process, there has been a delay of 651 days in filing the connected appeal. It is submitted that there is no deliberate negligence or laches on the part of the appellant and the delay, if any, was completely beyond his reach to file the appeal at the earlier point of time. It is further submitted that he has a good ground and the appeal is likely to be allowed on merit. And unless the delay is condoned, the same would cause irreparable loss and injury to the applicant. 7. On the other hand, the learned counsel for the respondent/Insurance company while referring to the affidavit-in-opposition filed by the respondents submits that the explanation given by the applicant for delay in filing the connected appeal are not acceptable, and as such the prayer for condonation of delay deserves dismissal. He further submits that it is amply clear that the applicant is not at all diligent in dealing with the matter and they are very much negligent, and hence, prays for dismissal of the present application. 8. Upon hearing the parties and on consideration of the pleadings of the parties, this Court is satisfied that the applicant has been able to explain satisfactorily, the reason for not preferring the connected appeal within the stipulated time and that he was prevented by sufficient cause in preferring the appeal within time. Page No.# 4/4 9. In view of the above and for the ends of justice, the prayer for condonation of delay of 651 days in preferring the connected appeal is hereby condoned subject to the condition that the applicant deposits a sum of Rs. 5000/- before the Registry of this Court which shall be credited to the account of the Assam State Legal Services Authority. 10. With the above, this IA stands allowed and disposed of. 11. The Registry is directed to register the connected appeal on such deposition of Rs. 5000/- and list it for admission by reflecting the name of Mr. S. Dutta, as the learned counsel for the respondent no. 2. JUDGE Comparing Assistant