Page No.# 1/3 GAHC020003242026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/82/2026 THE BRANCH MANAGER, HDFC ERGO INSURANCE COMPANY LIMITED MAYUR GARDENS GR FLR, OPPOSITE TO RAJIVE BHAVAN ABC GS ROAD, GUWAHATI, ASSAM - 781005 (REPRESENTED BY SENIOR MANAGER) VERSUS SMTI. SUNITA GHOSH AND 4 ORS W/O SHRI ATISH KUMAR GHOSH, R/O DIJU BASTI, P.O. MISSA, NAGAON, ASSAM - 782138 2:SHRI ATISH KUMAR GHOSH S/O SATISH KUMAR GHOSH R/O DIJU BASTI P.O. MISSA NAGAON ASSAM - 782138 3:HINDUSTAN CARGO SERVICE REPRESENTED BY PUJA JAIN PROPRIETOR ADDRESS - GROUNG FLOOR NR ABC PETROL PUMP BIR ARBAR BELTOLA KAMRUP ASSAM - 781029. (OWNER OF THE TATA ULTRA BEARING REGISTRATION NO. AS 01KC4539) 4:SHRI SURENDRA KR. MAHATO ADDRESS - 1/H/2 MADAN MOHAN LANE KOLKATA. ALTERNATE ADDRESS - C/O HINDUSTAN CARGO SERVICE GROUND FLOOR NR ABC PETROL PUMP BIH ARBAR BELTOLA Page No.# 2/3 KAMRUP - 781029 (DRIVER OF TATA ULTRA BEARING REGISTRATION NO. AS 01KC4539) 5:SHRI RAJBIR SHOME S/O RAMAKANTA SHOME R/O HOUSE NO. 146 BAHULAL KACHARI COLONY NAGALAND DIMAPUR - 79711 Advocate for the Petitioner : AKALI ACHUMI, Advocate for the Respondent : , BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 02-06-2026 The instant application under section 5 of the Limitation Act, 1963 has been preferred by the applicant praying for condonation of delay of 60 days in filing the I.A for recalling of the judgment and order passed by this Court on 09.03.2026 in MAC Case No.7/2024. Heard the learned counsel for the applicant Mr. James Newmai. It is stated by the applicant that the IA for recalling of the judgment and order passed by this Court on 09.03.2026 in MAC Case No.7/2024 has been preferred by the appellant as the said order was passed without hearing the applicant as the counsel was out of station and he had over looked the cause list. The said application ought to have been filed within 30 days i.e on or before 11.03.2026. However, the engaged counsel was not Page No.# 3/3 keeping well and additionally he was out of station for some unavoidable works and therefore, from 10.03.2026 till 10.04.2026 the counsel was unwell and thereafter the connected I.A for recalling of the judgment and order was prepared which was finally completed on 17.04.2026. Accordingly, delay has been caused in the meantime. It is therefore prayed that delay of 60 days may be condoned as there has been no wilful negligence on the part of the applicant. The learned counsel for the respondent Nos. 1 and 2 Mr. K. Shijoh is present and has not objected to the delay of 60 days. This Court has considered the submissions of the learned counsel for the applicant and also perused the application and the pleadings and finds that sufficient cause has been shown for the delay. Accordingly, the application is allowed and the delay of 60 days in filing the I.A for recalling of the judgment and order passed by this Court on 09.03.2026 in MAC Case No.7/2024 is allowed. I.A. stands disposed of. Sd/- JUDGE Comparing Assistant