Page No.# 1/4 GAHC010045122026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/967/2026 THE NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING, 87 MAHATMA GANDHI ROAD, FORT, MUMBAI-400001 AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, M.S.S. PATH, LACHIT NAGAR, GUWAHATI-781007 AND VARIOUS DIVISIONAL, BRANCH AND MICRO OFFICES THROUGHOUT THE COUNTRY VERSUS AIBANA MARAK AND ANR W/O LATE MILLINGTON N. MARAK, R/O VILL- ANGOLAGURI, P.O.- TUKURA, P.S.- KRISHNAI, DIST- GOALPARA, ASSAM, PIN-783126 2:PRAMOD KUMAR SHARMA S/O MALIRAM SHARMA R/O VILL- KABAITARI P.O. AND P.S.- JOGIGHOPA DIST- BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : MR. A J SAIKIA, MR. S PEGU,M CHETIA Advocate for the Respondent : MR. A R AGARWALA, MR ADITYA AGARWALA Linked Case : RP(FAM.CT.)/0/0 Page No.# 2/4 THE NEW INDIA ASSURANCE CO LTD GUWAHATI. VERSUS AIBANA MARAK AND ORS W/OLATE MILLINGTON N. MARAK ------------ Advocate for : Shantanu pegu Advocate for : appearing for AIBANA MARAK AND ORS Linked Case : C.APPLN/0/0 THE NEW INDIA ASSURANCE CO LTD GUWAHATI VERSUS AIBANA MARAK AND ANR ASSAM ------------ Advocate for : Shantanu pegu Advocate for : appearing for AIBANA MARAK AND ANR BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.03.2026 1. Heard Mr. A. J. Saikia, the learned counsel for the applicant. Also heard Mr. A. R. Agarwala, the learned counsel for the caveator/respondent No.1/claimant. 2. This Interlocutory Application under Section 5 of the Limitation Page No.# 3/4 Act, 1963 has been filed by the applicant/Insurance Company, praying for condonation of delay of 17 days in preferring the connected appeal. 3. The learned counsel for the claimant/respondent No.1 has submitted that considering the short period of delay, he does not have any objection if the aforesaid delay is condoned. 4. Since, the connected appeal has been preferred mainly on the question of quantum of the compensation awarded to the claimant, the notice to the respondent No.2 is waived. 5. Considering the reasons stated in the instant Interlocutory Application for approaching this Court belatedly after prescribed period of limitation and as the claimant has conceded to the prayer for condonation of delay, the period of 17 days in preferring the connected appeal, is hereby, condoned and this Interlocutory Application is allowed. 6. The Registry is directed to register the connected appeal and list the same for admission after a week on a date to be fixed by it. 7. List accordingly. Page No.# 4/4 8. The name of Mr. A. R. Agarwala may be shown as the engaged counsel for the claimant while connected appeal is listed for admission. JUDGE Comparing Assistant