Page No.# 1/3 vs M/S Maithan Alloys Ltd
2024 Latest Caselaw 8370 Gua

Gauhati High Court

Page No.# 1/3 vs M/S Maithan Alloys Ltd on 14 November, 2024

                                                                      Page No.# 1/3

GAHC010121622024




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

                                Case No. : I.A.(Civil)/1908/2024

            THE UNION OF INDIA AND ANR.
            REP. BY THE GENERAL MANAGER (CLAMIS), N.F. RAILWAY, MALIGAON,
            GUWAHATI- 781001.

            2: THE GENERAL MANAGER
             SOUTH WESTERN RAILWAY
             HUBLI- 58023
             KARNATAKA

            VERSUS

            M/S MAITHAN ALLOYS LTD.
            EPIP-UMTRU, P.O.- BYRNIHAT, DIST.- RI-BHOI (MEGHALAYA).



Advocate for the Petitioner   : MR. K GOGOI,

Advocate for the Respondent : MR. K P MAHESWARI, DIVYANSH RATHI,M. KALITA,MS. M
SHARMA




             Linked Case :

            UNION OF INDIA REPRESENTED BY GENERAL MANAGER NF RAILWAY
            CLAIMS
            MALIGAON GUWAHATI 781001


             VERSUS
                                                                                    Page No.# 2/3

            MS MAITHAN ALLOYS LTD E
            EPIP UMTRY P O BYRNIHAT DISTRICT RI BHOI MEGHALAYA


            ------------
            Advocate for : MR. K GOGOI
            Advocate for : appearing for MS MAITHAN ALLOYS LTD E



                                     BEFORE
                           HONOURABLE MR. JUSTICE K. SEMA

                                            ORDER

Date : 14-11-2024

Heard Mr. K. Gogoi, learned counsel for the applicant and Mr. K. P. Maheswari, learned counsel for the respondent.

This application has been filed under section 5 of the Limitation Act for condoning the delay of 46 days in filing the appeal against the judgment & order dated 17/04/2023 passed by the learned Member, (Judicial-I) (Technical)-1, the Railways Claims Tribunal, Guwahati Bench in Original Application No. O.A-III-105/2012.

The contentious issue which has also arisen for consideration in the application is as to whether the Limitation Act is applicable to the order passed by the Railways Claims Tribunal. It is submitted by the learned counsel for the parties that the conflicting orders, on the issue, has been rendered by this Court as well as the High Court of the other State.

Mr. K. Gogoi, learned counsel for the applicant has placed the copy of the order dated 20/02/2023 passed by this Court in I.A(C) No. 2531/2019 wherein it has been seen that the issue as to whether the Limitation Act is applicable to the order passed by the Railways Claims Tribunal is pending adjudication before the Hon'ble Apex Court in C.A No. 438/2020 against the judgment & order passed by this Court in Union of India -versus- M/s Sushil Kumar Sunil Kumar Case No. I.A (Civil) 1044/2016 dated 30/08/2017/ Case No. I.A 966/2016 MFA Sl. No. 269237.

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This Court accordingly deems it appropriate to await for the final outcome of the case which is pending before the Hon'ble Supreme Court.

Mr. K.P. Maheswari, learned counsel for the respondent has placed reliance in the judgment & order passed by the Hon'ble Supreme Court in the case of Union Territory of Ladakh & Others -versus- Jammu & Kasgmir National Conference & Another, reported in 2023 SCC Online 1140 (paragraph- 35).

List the application after the disposal of the C.A. No. 438/2020 which is pending before the Hon'ble Apex Court.

JUDGE

Comparing Assistant