Shyam Sunder Agarwal vs Montu Kumar Saikia
2023 Latest Caselaw 3722 Gua

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GAHC010064542022




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

                                 Case No. : I.A.(Crl.)/193/2022

            SHYAM SUNDER AGARWAL
            PROPRIETOR OF M.S DOLLY GLAS AND DECOR, SITUATED AT BARAUNI
            BAT ROAD, PO JORHAT, ASSAM 785001

            VERSUS

            MONTU KUMAR SAIKIA
            S/O MUKUT SAIKIA
            RESIDENT OF NEW ALAMAPATTY, WARD NO. 10, BHUT BUNGLOW, DIST
            GOLAGHAT, ASSAM 785621



Advocate for the Petitioner   : MR. S C KEYAL

Advocate for the Respondent :




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                           ORDER

Date : 14.09.2023 Heard Mr. S. C. Keyal, learned counsel for the applicant.

None appears for the respondent. Though, by office note dated 02.02.2023, notices are shown to have been served on the respondent and by order dated 27.02.2023, this Court had already held that the notices are duly served on respondent No. 2.

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This application under Section 5 of the Limitation Act, 1963 has been filed for condoning the delay in filing the leave application for preferring the appeal against the Judgment and Order dated 27.03.2018 passed by the Court of Additional Chief Judicial Magistrate, Jorhat in C.R.(N.I.) Case No. 68/2016 dismissing the complaint for non-persecution.

Considering the submissions made by learned counsel for the applicant as well as considering the averments made in paragraph Nos. 9 and 10 of this instant application, this Court is of considered opinion that the petitioner has shown sufficient and good cause for condoning the delay in filing the leave petition for preferring the connected appeal, hence, this application is allowed.

JUDGE

Comparing Assistant