Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 29.07.2026
Case Overview
- Case No.: I.A.(Civil)/717/2025; related MAC Appeal No.: 2058/2025.
- Parties: Applicant – New India Assurance Company Limited (public sector undertaking) represented by its North Eastern Regional Office, Guwahati; Respondents – Rupa Dihingia, Bimal Devnath, Dhan Sharma.
- Counsel: Applicant – Ms. L. Sharma; Respondent No. 1 – Mr. J. Kalita (with co‑counsels Aman Ali and Mr. Sohaing).
- The application was filed under Section 5 of the Limitation Act, 1963 seeking condonation of a 118‑day delay in preferring the connected MAC Appeal.
- Service report dated 27.07.2026 indicated that notice to Respondent 3 (driver of the offending vehicle) could not be served as he had shifted from his earlier address; notice to Respondent 2 was returned after due service.
- The applicant argued that the delay was caused by the inability to serve Respondent 3 and other grounds detailed in paragraphs 4‑6 of the interlocutory application.
- Respondent’s counsel did not oppose the prayer for condonation.
Final Outcome
- The Court held that the reasons provided constitute sufficient cause and therefore condoned the 118‑day delay.
- The interlocutory application was allowed.
- The Registry was directed to register the connected MAC Appeal and list it for admission after a week, on a date to be fixed by the Registry.
- The cause‑list shall reflect Ms. L. Sharma as engaged counsel for the appellant and Mr. J. Kalita as engaged counsel for Respondent 1.
Topics: Legal Procedure, Insurance