Page No.# 1/4 GAHC010012252026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/271/2026 CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. . HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE,2ND FLOOR, NO. 2 N.S.C.BOSE ROAD, CHENNAI-600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA, 4TH FLOOR, OPPOSITE TO S.B. DEORAH COLLEGE, G.S.ROAD, GUWAHATI. VERSUS SRI NIPAN DEKA AND 2 ORS S/O LATE BHOGIRAM DEKA R/O VILLAGE-HARIJORA P.O AND P.S- GORESWAR DIST-BAKSA BTRASSAM, PIN-781366 2:SRI MAHENDRA SWARGIARY S/O SRI BHABIN SWARGIARY R/O VILLAGE-GOSSAIGAON P.O - GOSSAIGAON P.S-TAMULPUR DIST-BAKSA BTR ASSAM PIN-783360 3:SRI DIKESH SWARGIARY S/O SRI MAHENDRA SWARGIARY R/O VILLAGE-GOSSAIGAON P.O - GOSSAIGAON P.S-TAMULPUR DIST-BAKSA BTR ASSAM PIN-78336 Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : R BEGUM(R2,3), MR N ZAMAN(R2,3),H G DAISY(R2,3) Page No.# 2/4 Linked Case : RP(FAM.CT.)/0/0 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE 2ND FLOOR NO. 2 N.S.C. BOSE ROAD CHENNAI-600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA 4TH FLOOR OPPOSITE TO S.B. DEORAH COLLEGE G.S. ROAD GUWAHATI. VERSUS SRI NIPAN DEKA S/O LATE BHOGIRAM DEKA R/O VILLAGE-HARIJORA P.O P.S-GORESWAR DIST-BAKSA BTRASSAM PIN-781366 CLAIMANT 2:SRI MAHENDRA SWARGIARY S/O SRI BHABIN SWARGIARY R/O VILLAGE-GOSSAIGAON P.O - GOSSAIGAON P.S-TAMULPUR DIST-BAKSA BTR ASSAM PIN-783360 OWNER OF VEHICLE CH.NO.MEIBG6719M011 8780 ENG NO-G3N4E0189479 3:SRI DIKESH SWARGIARY S/O SRI MAHENDRA SWARGIARY R/O VILLAGE-GOSSAIGAON P.O - GOSSAIGAON P.S-TAMULPUR DIST-BAKSA BTR ASSAM PIN-783360 RIDER OF VEHICLE CH.NO.MEIBG6719M011 8780 ENG NO-G3N4E0189479 ------------ Advocate for : MONDAKINI SAIKIA Advocate for : appearing for SRI NIPAN DEKA Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 25.03.2026 1. Heard Mr. R. Goswami, the learned counsel for the applicant. Also heard Ms. H. G. Daisy, the learned counsel for the respondent Nos. 2 and 3. 2. The learned counsel for the applicant submits that the applicant has served the notice on responding No.1 by dasti mode and in compliance thereof, he has filed an affidavit thereon. 3. I have gone through the affidavit annexed with the supporting documents to show the due service of notice on the respondent No. 1. Accordingly, the notice is issued to respondent No. 1 by dasti mode is held to be duly served. 4. This Interlocutory Application has been filed by the Insurance Company, namely, M/s Cholamandalam General Insurance Company Limited under Section 5 of the Limitation Act, 1963, paying for condonation of delay of 23 days in filing the connected appeal, wherein the judgment and award dated 27.08.2025 passed by the Motor Accident Claims Tribunal, Nalbari in MAC Case No. 02/2022 (D) has been impugned. 5. The learned counsel for the applicant has submitted that the applicant has stated the reasons for belated filing of the connected appeal in paragraph No. 2 of the instant Interlocutory Application. 6. The learned counsel for the Respondent Nos.2 and 3, Page No.# 4/4 considering the short period of delay, has not objected to the prayer for condonation of delay. 7. After considering the reasons stated in paragraph No.2 of the instant application as sufficient cause which prevented the applicant from preferring the connected appeal within the prescribed period of limitation, the delay of 23 days in preferring the MAC appeal is hereby condoned and this Interlocutory Application is allowed. 8. The 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 the Registry. JUDGE Comparing Assistant