Page No.# 1/3 GAHC010015092026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/236/2026 SBI GENERAL INSURANCE COMPANY LTD JUNCTION OF WESTERN EXPRESS HIGHWAY ANDHERI KURLA ROAD, ANDHERI EAST, MUMBAI400069 REGIONAL OFFICE AT 4TH FLOOR, B BLOCK, APEEJAY HOUSE, 15 PARK STREET, KOLKATA7000016 AND BRANCH OFFICE AT 2ND FLOOR, LAKSHMI DARSHAN BUILDING, OPPOSITE BORA SERVICE, G.S. ROAD, ULUBARI, GUWAHATI 781007, ASSAM. VERSUS SRI MONTU SARMAH AND 2 ORS S/O LATE NOGENDRA NATH SARMAH JAGRIT NAGAR,SARBAIBANDHA GAONNORTH P.O P.S -JORHAT DISTJORHAT, ASSAM, PIN 785001. 2:MD NASIR AHMED S/O KUTUBUDDIN AHMED R/O-NO.1 NAHARANI GAON P.O P.S.-DERGAON DIST GOLAGHAT ASSAM PIN 785614. 3:SRI RAJESH KUMAR DAS S/O SRI MUKUL DAS R/O DERGAON WARD NO.1 P.O P.S- DERGAON DIST- GOLAGHAT ASSAM PIN-78561 Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 16.02.2026 1. Heard Mr. R. Goswami, learned counsel for the applicant. 2. On perusal of the office note dated 10.02.2026, it appears that the notice issued to any of the respondents have not returned neither the appellant has taken any steps to file affidavit in compliance in respect of the notice directed to be served by dasti mode. 3. The learned counsel for the applicant submits that the notice by way of dasti mode has been served on the claimant/opposite party. However, since the concerned Legal Officer of the applicant/Insurance Company had some urgency for which he is not in the station, the affidavit could not be filed. He, however, submits that same shall be filed on the next date fixed. He submits that the notice sent to the claimant by way of speed post has also been duly delivered to the claimant and in support of the said submission, he has placed on record the postal track consignment report of the notice issued to the claimant. The said postal track consignment report is marked as “X” and is placed along with the case record. 4. In view of the submissions made by the learned counsel for the applicant as well as in view of the postal track consignment report of the notice issued to the respondent, submitted by the learned counsel for the applicant, the notice issued to the respondent/claimant is held to be duly served. 5. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant/Insurance Company praying for condonation of delay of 23 Page No.# 3/3 days in filing the connected MAC Appeal. 6. The applicant has explained the reasons in paragraph No. 2 of the instant interlocutory application. 7. After considering the reasons stated in the said paragraph, this Court is of the considered opinion that the reason for the delay in approaching the Court for filing the connected MAC Appeal has been sufficiently explained. 8. Accordingly, the prayer for condonation of delay is allowed and the delay of 23 days in filing the connected MAC Appeal is hereby condoned. 9. This interlocutory application is accordingly disposed of. 10. The Registry is directed to list the connected MAC Appeal on 19th of February, 2026. JUDGE Comparing Assistant