Page No.# 1/2 vs The Union Of India
2023 Latest Caselaw 2953 Gua

                                                                      Page No.# 1/2

GAHC010172682023




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

                             Case No. : I.A.(Civil)/2236/2023
                                       In MFA No. 8545/2023

           SUNITA LOHAR MOHALI AND 2 ORS.
           W/O LT. BISHAM MAHALI,
           VILL.- GAROPARA KALCHINI, P.S.- KALCHINI, DIST.- ALIPURDUAR (W.B),
           PRESENTLY RESIDING AT DALABARI T. E., P.S. AND DIST.- KOKRAJHAR,
           ASSAM.

           2: PRATIK MAHALI
            S/O LT. BISHAM MAHALI
           VILL.- GAROPARA KALCHINI
            P.S.- KALCHINI
            DIST.- ALIPURDUAR (W.B)
            PRESENTLY RESIDING AT DALABARI T. E.
            P.S. AND DIST.- KOKRAJHAR
           ASSAM.

           3: PARI MAHALI
            D/O LT. BISHAM MAHALI
           VILL.- GAROPARA KALCHINI
            P.S.- KALCHINI
            DIST.- ALIPURDUAR (W.B)
            PRESENTLY RESIDING AT DALABARI T. E.
            P.S. AND DIST.- KOKRAJHAR
           ASSAM

           VERSUS

           THE UNION OF INDIA
           REP. BY THE GENERAL MANAGER, EASTERN RAILWAY, KOLKATA.


Advocate for the Petitioner : MS J KALITA
Advocate for the Respondent : DY.S.G.I.
                                                                           Page No.# 2/2




                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

07-08-2023 Heard Ms. J. Kalita, learned counsel for the applicant, who by means of this application filed under Section 5 of the Limitation Act, 1963 has prayed for condonation of delay in preferring the appeal against the judgment and order dated 20.04.2023 passed by the learned Railway Claims Tribunal, Guwahati Bench in OAIIu- 06/2022.

The learned counsel has submitted that the delay is only of 1 day and in the interest of justice, the same may be condoned.

Ms. B. Sarma, learned CGC representing the sole respondent fairly submits that taking note of the fact that the delay is only of 1 day, the same may be condoned.

In view of the above, the instant application is allowed and the delay in preferring the appeal against the aforesaid judgment and order dated 20.04.2023 passed by the learned Railway Claims Tribunal, Guwahati Bench in OAIIu-06/2022 is condoned.

IA accordingly stands disposed of.

JUDGE

Comparing Assistant