Page No.# 1/3 GAHC010091192019 2026:GAU-AS:1153 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1477/2019 NATIONAL INSURANCE CO. LTD. A CO. REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET, KOLKATA AND ONE OF ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI, REPRESENTED BY ITS REGIONAL MANAGER, GUWAHATI (ASSAM) VERSUS MD. WAHID ALI and ANR. S/O LATE BASIRUDDIN, R/O VILL. KHAIRABARI, P.S. AND P.O. BARPETA ROAD, DIST. BARPETA, ASSAM. 2:KHANINDRA KAKATI S/O SADANANDA KAKATI R/O VILL. DURAMARI P.S. AND P.O. SORBHOG DIST. BARPETA ASSAM Advocate for the Petitioner : MRS. S ROY, Advocate for the Respondent : MR. F A HASSAN (r-1), MR. M DEKA (R-2),MD S HOQUE (R- 2),MD E AHMED (r-1) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 29.01.2026 [1] Heard Ms. S. Roy, the learned counsel for the applicant. Also heard Mr. F.A. Hsssan, the leaned counsel for the respondent No. 1 and Mr. S. Hoque, the learned counsel for the respondent No. 2. [2] This interlocutory application has been filed by the applicant, National Insurance Co. Ltd. under Order 41 Rule 19 of the Code of Civil Procedure, 1908 for readmission of the appeal bearing No. MFA Case No. 260/2010, which was dismissed for default on 26.03.2019. [3] The learned counsel for the applicant has submitted that the engaged counsel for the applicant could not appear before this court on that day due to some personal difficulty and she directed her junior counsel to seek an adjournment. However, the junior counsel also could not appear before the court when the matter was called as the display board did not show the correct position of the item on that day. [4] She has submitted that the applicant has mentioned the reasons for which the counsel could not remain present before the court when the matter was called in paragraph Nos. 3 and 4 of the instant application. Page No.# 3/3 [5] On the other hand, the learned counsel for the respondents considering the long pendency of this matter as well as considering the grounds shown in the instant application concedes to the prayer made by the applicant in this application. [6] After considering the submissions made by the learned counsel for both the parties as well as considering the grounds shown in paragraph Nos. 3 and 4 of the instant interlocutory application to be sufficient ground which prevented the engaged counsel of the appellant to remain present before the court when the matter was called on for hearing. [7] Accordingly, this interlocutory application is allowed and the MFA No. 260/2010 is readmitted. [8] The Registry to list the said MFA on 13th February, 2026. [9] This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant