Page No.# 1/3 GAHC010208432025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/903/2026 THE ORIENTAL INSURANCE CO. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI-7, DISTRICT- KAMRUP (M), ASSAM VERSUS SMTI. ASHABOTI ROHIDAS AND 2 ORS. W/O SRI PREM CHANDRA ROHIDAS, R/O VILLAGE- LAHORIJAN, P.S.- GINGIA, DISTRICT- BISWANATH, ASSAM, PIN CODE- 784184 2:MD SALMAN KHURSHID S/O GAJIUR RAHMAN R/O VILLAGE- NO. 2 KUMALIA P.O.- PANIBHARAL P.S.- BISWANATH CHARALI DISTRICT- BISWANATH ASSAM PIN CODE- 784176 (OWNER OF THE OFFENDING VEHICLE BEARING REGISTRATION NO. AS-12/M5910) 3:SUSHIL THING S/O LATE BIMAL THING R/O VILLAGE- GOLIA P.O.- PANIBHARAL P.S- BISWANATH CHARALI DISTRICT- BISWANATH ASSAM PIN CODE- 784176 (DRIVER OF THE OFFENDING VEHICLE BEARING REGISTRATION NO. AS-12/M5910 Advocate for the Petitioner : MR. S K GOSWAMI, MR. SHYAM SHARMA,MS P SARMA Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 18.05.2026 1. Heard Mr. S. Sharma, learned counsel for the applicant. 2. On perusal of the office note dated 13.05.2026, it appears that notice issued to respondent Nos. 1 and 2 have been duly served. Whereas, the notice issued to the respondent No. 3 could not be served. 3. The learned counsel for the applicant has submitted that the notice to respondent No. 3 may be waived. However, on perusal of the office note, it appears that notice issued to the said respondent by speed post have been delivered to him as per postal track consignment report annexed along with the record. Accordingly, the notice issued to the said respondent is held to be duly served. 4. This interlocutory application under Section 5 of the Limitation Act has been filed by the applicant/Insurance Company praying for condonation of delay of 198 days in preferring the connected appeal wherein the applicant has impugned the judgment and award dated 14.11.2024 passed by the Court of learned Additional District Judge, Biswanath in MAC Case No. 41/2018. 5. The learned counsel for the applicant has submitted that the applicant have stated the grounds for delay in preferring the connected appeal in paragraph Nos. 3 and 4 of the instant interlocutory application. 6. I have gone through the said grounds. Page No.# 3/3 7. Considering the grounds stated in paragraph Nos. 3 and 4 of the instant interlocutory application to be sufficient cause which prevented the applicant in preferring the connected appeal within the prescribed period of limitation, the delay of 198 days in preferring the connected appeal is hereby condoned and this interlocutory application is allowed. 8. 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. JUDGE Comparing Assistant