Page No.# 1/3 vs The Union Of India And 7 Ors
2023 Latest Caselaw 524 Gua

                                                                    Page No.# 1/3

GAHC010021612023




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

                          Case No. : I.A.(Civil)/262/2023

         M/S SOUTH VALLEY INFRACON PVT. LTD. AND ANR.
         HAVING ITS OFFICE ADDRESS OF HOUSE NO. 60, F.A. AHMED ROAD, SIX
         MILE, P.O.- KHANAPARA, GUWAHATI- 781022, P.S.- DISPUR, KAMRUP (M),
         ASSAM. REP. BY ITS DIRECTOR, NAMELY FATIUR BIRAJ, S/O- ANAMUL
         HAQUE.

         2: FATIUL BIRAJ
          S/O- ANAMUL HAQUE
          DIRECTOR OF M/S SOUTH VALLEY INFRACON PVT. LTD.
          HAVING OFFICE ADDRESS OF H.NO. 60
          F.A. AHMED ROAD
          SIX MILE
          P.O. KHANAPARA
          GUWAHATI- 781022
          P.S. DISPUR
          DIST.- KAMRUP (M)
         ASSAM

         VERSUS

         THE UNION OF INDIA AND 7 ORS.
         REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF
         RAILWAY, NEW DELHI- 01.

         2:THE GENERAL MANAGER
          (CONSTRUCTION)
          N.F.RAILWAY
          MALIGAON
          GUWAHATI
          KAMRUP (M)
         ASSAM

         3:THE CHIEF ADMINISTRATIVE OFFICER- II
          O/O OF GENERAL MANAGER
                                                              Page No.# 2/3

             (CONSTRUCTION)
             N.F.RAILWAY
             MALIGAON
             GUWAHATI
             KAMRUP (M)
             ASSAM.

            4:THE CHIEF ENGINEER/ CON- V
             N.F.RAILWAY
             MALIGAON
             GUWAHATI
             KAMRUP (M)
            ASSAM.

            5:THE DEPUTY CHIEF ENGINEER
             N.F.RAILWAY
             JOGIGHOPA
            ASSAM.

            6:THE EXECUTIVE ENGINEER
             (CON-I)
             N.F.RAILWAY
             JOGIGHOPA
            ASSAM.

            7:THE SENIOR ASSISTANT FINANCIAL ADVISER/ CON.
             N.F.RAILWAY
             JOGIGHOPA
            ASSAM.

            8:THE CHIEF MANAGER
             PUNJAB NATIONAL BANK
             B.O. ZOO ROAD BRANCH
             GUWAHATI
             KAMRUP (M)
            ASSAM- 781005

Advocate for the Petitioner   : MR. K GOSWAMI

Advocate for the Respondent : DY.S.G.I.
                                                                                  Page No.# 3/3

                                           BEFORE
          HON'BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH
                    HON'BLE MR. JUSTICE SOUMITRA SAIKIA

                                           ORDER

13.02.2023

[N. Kostiswar Singh, CJ (Acting)]

Heard Mr. K. Goswami, learned Senior Counsel assisted by Mr. A. Sandilya, learned counsel for the applicants. Also heard Mr. A. Dhanuka, learned counsel, PNB appearing for the respondent no.8 and Mr. H. Gupta, learned CGC, appearing for the respondent nos. 1 to 7.

By filing this application the applicants pray for condonation of delay of 10 days in preferring the connected writ appeal against the judgment and order dated 11.11.2022 passed by the learned Single Judge in WP(C) No.7144/2022.

Learned Senior Counsel for the applicants submits that the delay occurred due to the sudden demise of the father of Mr. H.I. Choudhury, learned counsel, who is also representing the applicants and the same has been described in Para-6, 7 & 8 of the application.

Learned counsel for the respondents fairly submits that they do not have any objection if the present application is allowed.

We have also perused the Para-6, 7 & 8 of the application.

We are satisfied that the grounds assigned in the application are reasonable and accordingly, the application is allowed.

Accordingly, the delay of 10 days in preferring the appeal is condnoed.

I.A. stands disposed of.

                                     JUDGE                     CHIEF JUSTICE (ACTING)



Comparing Assistant