Gonesh Mochahary vs The Union Of India
2021 Latest Caselaw 1985 Gua

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GAHC010063882021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : I.A.(Civil)/896/2021

             GONESH MOCHAHARY
             S/O- LATE N. THELEFANGA MOCHAHARY, R/O- VILL.- TILA PARA, P.S.
             DHEKIAJULI, DIST.- SONITPUR, ASSAM.



             VERSUS

             THE UNION OF INDIA
             REP. BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON,
             GUWAHATI-11.



Advocate for the Petitioner   : G UDDIN

Advocate for the Respondent : SC, NF RLY




                                           BEFORE
               HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
                                ORDER

26.08.2021 By this application filed under Section 5 of the Limitation Act, 1963, the petitioner has sought for condoning the delay of 8 days in preferring the Miscellaneous First Appeal in connection with impugned judgment and order dated 16.12.2019, passed by the learned Member (Judicial), Railway Claims Tribunal, Guwahati Bench, in Claim Application No. O.A IIu- 24/2019 (Old) and Claim Application No. OAIIu/Ghy/24/2019 Page No.# 2/2

(New).

Heard Md G Uddin, learned counsel for the petitioner and Mr B Sarma, learned Standing Counsel for the N F Railway.

The learned counsel for the petitioner submits that the certified copy of the order was received lately by the petitioner, on 02.06.2020 and due to his ill health and prevailing situation under the pandemic of COVID-19, coupled with factum of financial hardship, the appeal could not be preferred in time. Additionally, it has been submitted that in view of the order of the Hon'ble Supreme Court, passed in Suo Motu WP(C) No. 3/2020 in Re-Cognizance for Extension of Limitation, vide orders dated 23.03.2020 and

08.03.2021, has extended the period of limitation w.e.f. 15 th March 2020 till 14th March, 2021.

The learned Standing Counsel for the respondent has also raised no objection for condoning the delay of 8 days in preferring the appeal, in view of the order of the Hon'ble Supreme Court, as well as the ground assigned by the petitioner.

Having regard to the submissions of both the parties as well as the grounds assigned, delay of 8 days in preferring the appeal, is hereby condoned.

Let the connected appeal be registered and listed after two weeks.

The Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant