Page No.# 1/5 GAHC010284342025 2026:GAU-AS:8457 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/11/2026 GO DIGIT GENERAL INSURANCE CO. LTD. HAVING ITS OFFICE AT 2ND FLOOR, UNIT NO.202 ROYAL CENTRE, ULUBARI, G.S ROAD, OPPOSITE S.B.DEORA COLLEGE, REVENUE VILLAGE, MOUZA ULUBARI, GUWAHATI ASSAM-781007, HAVING ITS REGISTERED OFFICE AT 1ST TO 6TH FLOOR, ANANTA ONE AR ONE PRIDE HOTEL LANE, NARVEER TANAJI WADI, CITY SUREVY NO 1579, (BHAMBURDA) SHIVAJI NAGAR PUNE 411005 MAHARASTRA. VERSUS SRI BIRENDRA KALITA AND 5 ORS S/O LATE MIHI RAM KALITA 2:NITUL KALITA S/O SRI BIRENDRA KALITA 3:NIYAR KALITA S/O SRI BIRENDRA KALITA 4:ZARIN KALITA S/O SRI BIRENDRA KALITA ALL ARE R/O VILL. GHURAMARA NABUDOI NAGAR PATH HOUSE NO 27 P.S. HATIGAON DIST. KAMRUP (M) ASSAM PIN781038 5:JOYMOTI BORO Page No.# 2/5 S/O SRI MONI RAM BORO R/O HOUSE NO 71 BHETAPARA OPPOSITE CENTRAL BANK OF INDIA DIST. KAMRUP (M) ASSAM PIN 781028 6:RAJENDRA SARMA S/O SUTTAR SARMA R/O GITANAGAR AIDC H/N 28 P.S. GITANAGAR DIST. KAMRUP (M) ASSAM PIN 78102 Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : MR. K I MAZUMDER(R5), MR. S RAHMAN(R1,2,3,4),MR A N IQBAL(R1,2,3,4) Linked Case : RP(FAM.CT.)/0/0 GO DIGIT GENERAL INSURANCE CO LTD HAVING ITS OFFICE AT 2ND FLOOR UNIT NO.202 ROYAL CENTRE ULUBARI G.S ROAD OPPOSITE S.B.DEORA COLLEGE REVENUE VILLAGE MOUZA ULUBARI GUWAHATI ASSAM-781007 HAVING ITS REGISTERED OFFICE AT 1ST TO 6TH FLOOR ANANTA ONE (AR ONE) PRIDE HOTEL LANE VERSUS SRI BIRENDRA KALITA Page No.# 3/5 S/O LATE MIHI RAM KALITA RESIDENTS OF- R/O-VILL-GHURAMARA NABUDOI NAGAR PATH HOUSE NO.27 P.S.HATIGAON DIST-KAMRUP(M) ASSAM.PIN-781038. (CLAIMANTS) 2:SRI NITUL KALITA S/O SRI BIRENDRA KALITA RESIDENTS OF- R/O-VILL-GHURAMARA NABUDOI NAGAR PATH HOUSE NO.27 P.S.HATIGAON DIST-KAMRUP(M) ASSAM.PIN-781038. (CLAIMANTS) 3:SRI NIYAR KALITA S/O SRI BIRENDRA KALITA RESIDENTS OF- R/O-VILL-GHURAMARA NABUDOI NAGAR PATH HOUSE NO.27 P.S.HATIGAON DIST-KAMRUP(M) ASSAM.PIN-781038. (CLAIMANTS) 4:SRI ZARIN KALITA S/O SRI BIRENDRA KALITA RESIDENTS OF- R/O-VILL-GHURAMARA NABUDOI NAGAR PATH HOUSE NO.27 P.S.HATIGAON DIST-KAMRUP(M) ASSAM.PIN-781038. (CLAIMANTS) 5:SRI JOYMOTI BORO S/O SRI MONI RAM BORO R/O HOUSE NO.71 BHETAPARA OPPOSITE CENTRAL BANK OF INDIA DIST-KAMRUP(M) ASSAM.PIN-781028. (OWNER OF THE VEHICLE BEARING ENGINE NO.NAIF202208014322 AND CHASSIS NO.M25NA-IBYFNDH014322)) 6:SRI RAJENDRA SARMA S/O-SUTTAR SARMA R/O-GITANAGAR AIDC H/NO-28 P.S GITANAGAR DIST-KAMRUP (M) ASSAM-781021.(DRIVEROF THE VEHICLE BEARING ENGINE NO.NAIF202208014322 AND CHASSIS NO.M25NA-IBYFNDH014322) ------------ Advocate for : MONDAKINI SAIKIA Advocate for : appearing for SRI BIRENDRA KALITA Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 15.06.2026 Heard R. Goswami, learned counsel appearing for the petitioner. Also heard Mr. K. I. Maumder, learned counsel appearing for the respondent No. 5. 2. By order dated 27.03.2026, this Court had already recorded service as complete in respect of respondent Nos. 1, 2, 3 and 4, the notices having been received by respondent No. 3, who is the son of the respondent No. 1. However, none appears on behalf of the respondent Nos. 1, 2, 3 and 4 when the matter is called. 3. Office Note dated 11.05.2026 indicates that service upon the respondent No. 6 by dasti mode is also complete; however, none appears for the respondent No. 6 when the matter is called. 4. By way of the present interlocutory application, the applicant seeks condonation of a delay of 23 days in preferring the connected appeal under Section 173 of the Motor Vehicle Act, 1988, against the judgment and award dated 21.06.2025 passed by the learned Member, MACT No. 2, Kamrup (M), in MAC Case No. 2110/2022. 5. The grounds of delay are explained as under: - “2. That as the Judgment and Award was passed on 21.06.2025 the last date for filing the appeal is 19.09.2025. But, since appeal has been filed on 14.10.2025, there is a delay of 23 (twenty three) days in filing this appeal. It is stated that although the dealing advocate had applied for the Certified copy of the Judgment and Award on 23.06.2025 the same was delivered on 25.07.2025. The certified copy of the Judgment and Award along with the legal opinion was Page No.# 5/5 received by the Guwahati Office of the Appellant on 14.08.2025. After scrutinizing the grounds given by the dealing Advocate for filing an appeal and being satisfied with the same the Guwahati Office forwarded the file to the dealing Advocate on 29.08.2025. However the counsel of the Petitioner could not attend to the same for sometime owing to health issues and thereafter after obtaining clarifications from the Appellant the appeal could be filed on 14.10.2025 only. In the process a delay of 23 (Twenty three) days have occurred which was unintentional beyond the control of the Appellant and for sufficient causes.” 6. Mr. K. I. Maumder, learned counsel, submits that he has no instructions to oppose the prayer for condonation of delay. 7. Having heard the learned counsel for the parties and upon perusal of the averments made in the application, this Court is satisfied that the delay has been adequately explained and that sufficient cause has been shown for not filing the appeal within the prescribed period. 8. Accordingly, the delay of 23 days in filing the appeal stands condoned. 9. The interlocutory application is allowed. 10. Let the appeal be registered and numbered. JUDGE Comparing Assistant