Page No.# 1/3 GAHC010056742025 2025:GAU-AS:7904 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1057/2025 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT SHAW WALLACE BUIDING NEW NO. 319, OLD NO. 154, 2ND FLOOR, THAMBU CHETTY, CHENNAI, PIN-6000001, INDIA, ITS ZONAL OFFICE AT OFFICE NO. 201 AND 202 L AND T CHAMBERS, 2ND FLOOR, 16 CAMAC STREET, KOLKATA- 700017 AND ITS GUWAHATI REGIONAL OFFICE AT 4TH FLOOR, AASTHA PLAZA, BORA SERVICE, G.S. ROAD, GUWAHATI, KAMRUP (M), ASSAM- 781007 REP BY THE DEPUTY LEGAL CLAIMS OF GUWAHATI REGIONAL OFFICE, VERSUS REKHA BASFORE AND 5 ORS W/O. LT. MADAN BASFORE 2:RAJESH BASFORE LT. MADAN BASFORE 3:PUJA BASFORE D/O. LT. MADAN BASFORE ALL ARE R/O. QUARTER NO. 215-A TYPE-II NAMBARI MALIGAON P/S. JALUKBARI GUWAHATI ASSAM PIN-781014. 4:SANAMATI BASFORE W/O. LT. MADAN BASFORE 5:ARJUN BASFORE S/O. LT. MADAN BASFORE Page No.# 2/3 BOTH ARE R/O. CYCLE FACTORY FATASIL AMBARI P/O. AND P/S. FATASIL AMBARI GUWAHATI ASSAM PIN-781025. 6:PAPPU KUMAR SHARMA S/O. DINESH KR. SHARMA R/O. SHARMA TYRE SERVICE FATASIL AMBARI P/O. AND P/S. FATASIL AMBARI GUWAHATI ASSAM PIN-78102 Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : MS. M GAZLOO (R-1,2,3), MANJUSHREE PATGIRI (R-5),MR. A CHOUDHURY(R-5),MS D D ROY(R-1,2,3) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 16.06.2025 Heard Mr. D. Bhattacharjee, learned counsel appearing on behalf of Mr. T. Kalita, learned counsel for the applicant; Ms. M. Gazloo, learned counsel for the opposite party Nos. 1, 2 & 3; and Ms. M. Patgiri, learned counsel for the opposite party Nos. 4 & 5. 2. This application, under Section 5 of the Limitation Act read with Section 173 of the M.V. Act, is preferred by the applicant for condoning the delay of 50 days in preferring the connected appeal against the judgment and order dated 23.10.2024, passed by the learned Member, M.A.C.T. No. 2, Kamrup (M) at Guwahati, in MAC Case No. 2635/2016. 3. Mr. Bhattacharjee, learned counsel for the applicant submits that there Page No.# 3/3 was delay in obtaining the certified copy of the impugned judgment and order and also there was delay in obtaining approval from the Head Office of the applicant company. Mr. Bhattacharjee further submits that the delay is circumstantial and not deliberate and the same has sufficiently been explained in paragraph Nos. 3 – 7 of this petition and therefore, it is contended to allow the same. 4. The learned counsel for the opposite parties submits that they have no objection in the event of condoning the delay. 5. Taking note of the submissions of learned counsel for both the parties also in view of the explanation so forthcoming for the delay, this court is of the view that the delay has sufficiently been explained in paragraph Nos. 3 – 7 of this petition and therefore, the same stands condoned. 6. In terms of above, this I.A. stands disposed of. 7. Now, the registry shall register the connected appeal and list the same before the court as soon as practicable. JUDGE Comparing Assistant