M/S Himangshu Paul And Associates ... vs The Union Of India And Anr
2023 Latest Caselaw 1528 Gua

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GAHC010203562022




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

                               Case No. : I.A.(Civil)/3008/2022

            M/S HIMANGSHU PAUL AND ASSOCIATES PVT LTD
            HAVING ITS REGD. OFFICE AT CLUB ROAD, SILCHAR, P.O. SILCHAR, P.S.
            AND SUB-REGISTRY OFFICER- SILCHAR SADAR, DIST. CACHAR, ASSAM,
            REP. BY ITS DIRECTOR, MR. ASHISH KUMAR PAUL.



            VERSUS

            THE UNION OF INDIA AND ANR.
            THE MINISTRY OF ROAD TRANSPORT AND HIGHWAY (MORT AND H),
            NEW DELHI, REP. BY THE CHIEF ENGINEER, PROJECT PUSHPAK (36 BRTF),
            C/O. 99 APO.

            2:THE CHIEF ENGINEER

             PROJECT PUSHPAK (H.Q.)
             PIN-931711
             C/O. 99 APO

Advocate for the Petitioner   : MS. P BHATTACHARYA

Advocate for the Respondent : ASSTT.S.G.I.




             Linked Case :

            M/S HIMANGSHU PAUL AND ASSOCIATES PVT LTD
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           VERSUS

           THE UNION OF INDIA AND ANR (A)



           ------------
           Advocate for : MS. P BHATTACHARYA
           Advocate for : appearing for THE UNION OF INDIA AND ANR (A)



                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                       ORDER

Date : 19.04.2023.

Heard Ms. B. Bhattacharya, learned counsel for the applicant.

None appears for the respondents.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 78 days in preferring the connected civil revision petition against the judgment and decree dated 14.09.2021 passed by the learned District Judge (FTC), Silchar, Cachar. The cause of delay is explained at paragraphs - 3, 4, 5 and 6 of the connected application.

No objection has been filed.

Considering the submission of the learned counsel for the respondents as well as the pleadings made in the paragraphs 3, 4, 5 and 6 of the connected application, this Court is of the opinion that the present applicant was prevented by sufficient cause in preferring the connected civil revision petition within time.

Accordingly, the delay is condoned.

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IA stands disposed of.

Registry to register the connected civil revision petition, if same is not defective, showing the name of Mrs. R. Devi, learned CGC and list the matter for Admission.

JUDGE

Comparing Assistant