Page No.# 1/3 GAHC010052472023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/797/2023 THE NEW INDIA ASSURANCE CO. LTD . HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING, 87 MAHATMA GANDHI ROAD FORT, MUMBAI 400001 AND REGIONAL OFFICE AT GUWAHATI VERSUS BABUL CH. NATH AND 2 ORS . S/O LATE HARENDRA KUMAR NATH RESIDENT OF RAILWAY QUARTER NO. 106 (A) SAKUNTALA COLONY PANDU, GUWAHATI 12, PS JALUKBARI DIST KAMRUP, ASSAM 781013 2:SRI PULAKESH SHARMA S/O TARINI SHARMA RESIDENT OF VILLAGE BARNADI PO PS AND DIST NALBARI ASSAM 781335 3:SRI TAPAN BARMAN S/O LANKESWAR BARMAN RESIDENT OF VILLAGE NARAKABAR PO KAHIPARA PS AZARA DIST KAMRUP ASSAM 78101 Advocate for the Petitioner : MS C BORAH, MR SISHIR DUTTA,MS. M CHOUDHURY Advocate for the Respondent : MRS. M BARUAH (R-1), MR. J SARMAH(R-1) Page No.# 2/3 Linked Case : MACApp. No. 2756/2023 (Filing Number) THE NEW INDIA ASSURANCE CO. LTD . VERSUS BABU CH. NATH AND 2 ORS . A ------------ Advocate for : MS C BORAH Advocate for : appearing for BABU CH. NATH AND 2 ORS . A BEFORE HON’BLE MR. JUSTICE BUDI HABUNG 05/05/2025 Heard Ms. M Choudhury, learned counsel for the applicant. Also heard Mr. J Sarmah, learned counsel appearing on behalf of the respondent No. 1/claimant. No one appears on behalf of the respondent Nos. 2 & 3, although steps have been taken upon them by dasti service. This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 54 days in preferring the connected appeal. The ground for delay in preferring the connected appeal has been explained in paragraph 3 of the application. Heaving heard the learned counsels for the parties and on perusal of the averments made in paragraph-3 of this application seeking condonation of delay of 54 days, this Court is of the view that the applicant was prevented by sufficient cause in not preferring the connected appeal within time. Moreover, the learned counsel for the respondent No. 1/claimant has no objection in condoning the Page No.# 3/3 delay. In view of the above, the delay of 54 days in preferring the connected appeal is hereby condoned. With the above, this I.A. stands disposed of. Registry is directed to register the connected appeal and list it for admission, by showing the name of Mr. J Sarmah, learned counsel for the respondent No. 1 in the cause list. JUDGE Comparing Assistant