Page No.# 1/3 vs Mukut Das And 2 Ors
2023 Latest Caselaw 963 Gua

                                                                  Page No.# 1/3

GAHC010013412023




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

                           Case No. : I.A.(Civil)/230/2023
                           In WA 736/2023 (Filing Number)

          THE ASSAM POWER GENERATION CORPORATION LTD. AND 2 ORS.
          REP. BY ITS CHAIRMAN HAVING ITS REGD. OFFICE AT BIJULEE BHAWAN,
          PALTANBAZAR, GHY-01

          2: THE MANAGING DIRECTOR
          ASSAM POWER GENERATION CORPORATION LTD. BIJULEE BHAWAN
           PALTANBAZAR
           GHY-01

          3: THE GENERAL MANAGER (HR)
           OFFICE OF THE CHIEF GENERAL MANAGER (GEN)
          ASSAM POWER GENERATION CORPORATION LTD. BIJULEE BHAWAN
          PALTAN BAZAR GUWAHATI-

          VERSUS

          MUKUT DAS AND 2 ORS.
          S/O- LT. MADHAB CHANDRA DAS, R/O- H.NO. 1, MADHABDEVPUR ROAD,
          REHABARI, GHY-08

          2:THE MANAGING DIRECTOR
          ASSAM POWER GENERATION CORPORATION LTD. BIJULEE BHAWAN
           PALTANBAZAR
           GHY-01

          3:THE CHIEF GENERAL MANAGER (HR)
          ASSAM POWER DISTRIBUTION COMPANY LTD. BIJULEE BHAWAN
           PALTANBAZAR GHY-0

For the Applicant(s)   : Mr. U.K. Nair, Senior Advocate.
                        Mr. H.K. Das, Advocate.
                        Mr. A. Boro, Advocate.
                                                                       Page No.# 2/3



For the Respondent(s) : Mr. J. Patowary, Advocate.

Mr. N. Gautam, Advocate.

For respondent No.1.

BEFORE HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE KARDAK ETE

13.03.2023

This Interlocutory Application, I.A. (Civil) No.230/ 2023, has been filed by the applicants, the Assam Power Generation Corporation Ltd. and 2 Ors., seeking condonation of delay of 41 days occasioned in filing the connected appeal against the impugned judgment and order dated 03.11.2022 passed by the learned Single Bench in WP(C) No.1607/2020.

The applicants have set out detailed grounds in the application seeking condonation of delay.

The respondent's counsel has filed affidavit-in- opposition objecting to the prayer of condonation of delay.

We have considered the submissions advanced at the Bar and have gone through the pleadings made in the application and the affidavit-in-opposition.

Without elaborating in detail upon the grounds set out in the application under Section 5 of the Limitation Act, 1963 and upon consideration of the objections raised by the respondents, we feel that the applicants have satisfactorily explained the delay occasioned in filing the connected appeal by Page No.# 3/3

assigning valid and substantial grounds. Thus, the objections filed by the respondents are over-ruled.

The application seeking condonation of delay is thus accepted.

The present Interlocutory Application stands allowed.

The Registry is directed to register the connected appeal and list the same for admission on 21.03.2023.

                        JUDGE                               CHIEF JUSTICE




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