Pallav Kr. Sharma vs Purnima Borkakoti
2023 Latest Caselaw 1523 Gua

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GAHC010154552022




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

                                 Case No. : I.A.(Crl.)/433/2022

            PALLAV KR. SHARMA
            S/O- LATE MANOJ KUMAR SHARMA, R/O- C-2 MANORANJAN RESIDENCY,
            APURBA SINHA PATH, RAJGARH TINIALI, P.S. CHANDMARI, GUWAHATI,
            DIST. KAMRUP(M), ASSAM, PIN- 781003.



            VERSUS

            PURNIMA BORKAKOTI
            W/O- MR. BONKIM BORKAKOTI, R/O- HOUSE NO. 101, P.D. CHALIHA
            ROAD, NEAR LAXMI SERVICE STATION, SILPUKHURI, P.S. LATASIL,
            GUWAHATI, DIST. KAMRUP(M), ASSAM, PIN- 781003.



Advocate for the Petitioner   : MR. K D CHETRI

Advocate for the Respondent :




             Linked Case : Crl.L.P./49/2022

            PALLAV KR. SHARMA
            S/O- LATE MANOJ KUMAR SHARMA
             R/O- C-2 MANORANJAN RESIDENCY
            APURBA SINHA PATH
             RAJGARH TINIALI
             P.S. CHANDMARI
             GUWAHATI
             DIST. KAMRUP(M)
                                                    Page No.# 2/3

ASSAM
PIN- 781003.


VERSUS

PURNIMA BORKAKOTI
W/O- MR. BONKIM BORKAKOTI
R/O- HOUSE NO. 101
P.D. CHALIHA ROAD
NEAR LAXMI SERVICE STATION
SILPUKHURI
P.S. LATASIL
GUWAHATI
DIST. KAMRUP(M)
ASSAM
PIN- 781003.


------------
Advocate for : MR. K D CHETRI
Advocate for : appearing for PURNIMA BORKAKOTI



Linked Case :

PALLAV KR. SHARMA



VERSUS

PURNIMA BORKAKOTI E



------------
Advocate for : MR. K D CHETRI
Advocate for : appearing for PURNIMA BORKAKOTI E



                     BEFORE
  HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                           ORDER

Page No.# 3/3

Date : 19.04. 2023 Heard Mr. K. D. Chetri, learned counsel for the applicant.

This is an application filed under Section 5 of the Limitation Act, for condoning the delay of 95 days in preferring the connected appeal against the judgment and order dated 21.12.2021, passed by the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati in complaint Case No.

2342c/2015.

The applicant has submitted that since October, 2021 he was under medical treatment due to low back pain and he was advised to avoid travelling and to climb stairs. Again on 22.11.2021 the applicant was advised to continue the previous advice as his progress and recovery was very slow. This prevented the applicant to file appeal within the time which resulted in a delay of 95 days in preferring the connected appeal.

The medical document is marked as Annexure- 2 to this interlocutory application.

Considering the above, the delay is condoned and the Registry is directed to register the appeal and place the matter before the Court accordingly.

The I.A. stands disposed of.

JUDGE

Comparing Assistant