Allowed¶32

The New India Assurance Co. Ltd. v. Pranab Bora and Anr.

Gauhati HC12 Jul 2026I.A.(Civil)/3426/2022

Case brief

AI extract

What is this about?

Condonation of delay; Section 5 Limitation Act 1963; 76 days delay; first appeal against Commissioner Employees Compensation award; NEC (WC) Case No. 77/2008; New India Assurance Co. Ltd. v. Pranab Bora; ex-parte proceeding against respondents; registration and listing of connected MFA; Gauhati High Court I.A.(Civil)/3426/2022; Mridul Kumar Kalita, J.

What did the court decide?

Condonation of 76 days' delay in preferring the connected first appeal against the judgment dated 17.06.2022 in NEC (WC) Case No. 77/2008; Registry directed to register the connected MFA and list it for admission after one week. ¶32

The New India Assurance Co. Ltd. Vs Pranab Bora and Anr. — Gauhati HC (2026) — LawSathi Research

Page No.# 1/3

GAHC010222652022

undefined

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3426/2022

¶5

THE NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING, 87 MAHATMA GANDHI ROAD, FORT, MUMBAI- 400001, AND REGIONAL OFFICE AT GUWAHATI- 7.

¶6

VERSUS

¶7

PRANAB BORA AND ANR. S/O HEKERA BORA, VILL. AND P.O.- BHELEUGURI, DIST.- NAGAON, ASSAM, PIN- 782140.

¶8

2:BIRINCHI KUMAR BARUA S/O LATE KIRTI BARUAH

¶9

VILL. AND P.O.- BHELEUGURI

¶10

DIST.- NAGAON ASSAM PIN- 782140

¶11

Advocate for the Petitioner : MR. S DUTTA, MS C BORAH,MS. M CHOUDHURY

¶12

Advocate for the Respondent : ,

¶13

Linked Case : THE NEW INDIA ASSURANCE CO. LTD.

¶14

Page No.# 2/3

¶15

VERSUS

¶16

PRANAB BORA AND ANR. A

¶17

-----------Advocate for : MR. S DUTTA Advocate for : appearing for PRANAB BORA AND ANR. A

¶18

Linked Case :

¶19

THE NEW INDIA ASSURANCE CO. LTD.

¶20

VERSUS

¶21

PRANAB BORA AND ANR. A

¶22

-----------Advocate for : MR. S DUTTA Advocate for : appearing for PRANAB BORA AND ANR. A

¶23

BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

¶24

ORDER

¶25

Date - 13.07.2026

¶26

1. Heard Ms. M. Choudhury, the learned counsel for the applicant.

¶27

2. None has appeared for the respondent.

¶28

3. On perusal of the order dated 12.03.2025 passed by the Co-ordinate Bench of this Court, it appears that the notice issued to the respondent Nos.1, 2 and 3 held to be duly served by this Court, however, one chance was granted to the respondent to appear in this case.

¶29

Page No.# 3/3

¶30

4. Since none has appeared for the respondent today, this Court is inclined to proceed ex-parte against both the respondents in this Interlocutory Application.

¶31

5. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant – Insurance Company praying for condonation of delay of 76 days in preferring the connected first appeal whereby the judgment dated 17.06.2022 passed by the Commissioner Employees Compensation, Nagaon in NEC (WC) Case No. 77/2008 has been impugned.

¶32

6. After considering the grounds stated in paragraph No. 3 of the instant Interlocutory Application, this Court is of the considered opinion that the ground stated therein may be regarded as sufficient cause which prevented the applicant in filing the connected appeal within the prescribed period of limitation. As such, the delay of 76 days in preferring the connected appeal is hereby condoned and this Interlocutory Application is allowed.

¶33

7. The Registry is directed to register the connected MFA and list the same for admission after one week on a date to be fixed by the Registry.

¶34

8. This Interlocutory Application is, accordingly, disposed of.

¶35

JUDGE

¶36

Comparing Assistant

The New India Assurance Co. Ltd. v. Pranab Bora and Anr.

Case brief

What is this about?

What did the court decide?

The New India Assurance Co. Ltd. v. Pranab Bora and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Pankaj Das Vs the State of Assam

Bappan Das and Anr. Vs the State of Assam

MD Nymuddin Ahmed Vs the State of Assam

Bina Rani Ghosh and Anr. Vs Mahibul Alam and 2 Ors.

Bina Rani Ghosh and Anr. Vs Mahibul Alam and 2 Ors.

Ranjit Das Vs the Central Bureau of Investigation and 3 Ors.