Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/6/2026 MD BABUL HUSSAIN BARBHUIYA S/O MD. MASRAF ALI BARBHUIYA @ MASHRAF, R/O RAMNAGAR UTTARGAON PART VI, P.S. SILCHAR, DIST. CACHAR, ASSAM. VERSUS THE ZONAL MANAGER LEGAL CLAIMS, EAST ZONE, MAGMA HDI GENERAL INSURANCE CO.
LTD. 2ND FLOOR, ANUJ CHAMBER, 24PARK STREET, KOLKATA 700016 Advocate for the Petitioner : MR F Z MAZUMDER, Advocate for the Respondent : MR. R GOSWAMI, MS. P BORTHAKUR In MACApp. Case No. 16245/2025, With MACApp. Case No. 16245/2025, (filing number)
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
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ORDER 14.05.2026 [1] Heard Mr. F.Z. Mazumder, the learned counsel for the applicant. Also heard Ms. D. Goswami, the learned counsel for the sole respondent. [2] This interlocutory application has been filed by the applicant under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 204 days in preferring the connected MACAppeal, wherein, the
judgment and order dated 15.02.2025, passed by the Motor Accident Claims Tribunal No. 2, Hailakandi in MAC Case No. 13/2022 has been impugned. [3] The applicant has stated the reasons of delay in paragraph Nos. 3 and 4 of the instant interlocutory application. [4] Considering the reasons shown by the applicant, the learned counsel for the respondent has not objected to the prayer for condonation of delay. [5] It appears that the applicant has stated that due to severe ailment with which the applicant was suffering, he could not file the connected appeal within the prescribed period of limitation. [6] Considering the grounds stated in the interlocutory application to be sufficient cause which prevented the applicant from filing the connected appeal within the prescribed period of limitation, the delay of
Page No.# 3/3 204 days in preferring the connected appeal is hereby condoned and this interlocutory application is, accordingly, allowed. [7] The Registry is directed to register the connected appeal and list the same for admission in the next week on a date to be fixed by it.
JUDGE Comparing Assistant