Page No.# 1/3 GAHC010243682025 2026:GAU-AS:1309 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3570/2025 MS LIBERTY VIDEOCON GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 10TH FLOOR TOWER A, PENINSUAL BUSINESS PARK, GANAPETRAO KADAM PARK, LOWER PAREL, DELISLE ROAD, MUMBAI, MAHARASTRA 400013 AND BRANCH OFFICE AT BORA SERVICE, GANPATI ENCLAVE, 1ST FLOOR, GS RD, ASSAM 781007 VERSUS SMTI SWEETY BISWAS (DAS) AND 4 ORS W/O LATE SAHADEB DAS 2:MISS WISHI DAS D/O LATE SAHADEB DAS 3:SRI SUNIL DAS S/O LATE ASWAN DAS 4:SMTI SABITRI DAS W/O SRI SUNIL DAS ALL ARE RESIDENTS OF- R/O VILLAGE AND P.O- UTTOR PAROKATA P.S- SAMUKTOLA DISTRICT-ALIPURDOWAR WEST BENGAL PIN-736202 RESPONDENT NO.2 BEING MINOR IS REPRESENTED BY HER LEGAL GUARDIAN MOTHER I.E RESPONDENT NO.1 5:SRI SANATAN RAY S/O LATE BIMAL RAY R/O VILLAGE AND P.O -PASCHIM NARATHALI P.S AND DISTRICT-ALIPURDUAR WEST BENGAL PIN-73620 Page No.# 2/3 Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : MR. M KHAN (R-1 TO 4), MR A K DAS(R-1 TO 4) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND 02.02.2026 1. Heard learned Counsel Mr. R. Goswami for the applicant and Mr. M. Khan for the claimants. 2. This is an application under Section 5 of the Limitation Act 1963 for condonation of delay of 173 (one hundred Seventy three) days in filing the connected First Appeal. 3. It is submitted that the learned counsel for the claimants have no objection if the delay of 173 days is condoned. It is submitted by the applicant that the delay was not intentional but was a result of forwarding the decision of the learned Commissioner dated 06.11.2024 in connection with E.C.Case No.09/ 2020 to the head office. 4. I have considered the submission at the bar with circumspection. No malafide could be deciphered. Accordingly delay is hereby condoned. 5. Registry to register the connected MFA and reflect the name of the name Mr. M. Khan as learning counsel for the claimants. JUDGE Page No.# 3/3 Comparing Assistant