Page No.# 1/4 vs Arya Electors (India) Private Limited
2025 Latest Caselaw 3240 Gua

Gauhati High Court

Page No.# 1/4 vs Arya Electors (India) Private Limited on 17 February, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                           Page No.# 1/4

GAHC010082172024




                                                                     2025:GAU-AS:1689

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

                                  Case No. : I.A.(Civil)/1418/2024

            GANESH DAS AND ANR.
            S/O LATE DIJENDRA DAS, R/O MADHABDEVPUR, P.O.- ULUBARI,
            GUWAHATI- 781007, DIST.- KAMRUP (M), ASSAM.

            2: SUMANA DAS
            W/O DR. GANESH DAS
             R/O MADHABDEVPUR
             P.O.- ULUBARI
             GUWAHATI- 781007
             DIST.- KAMRUP (M)
            ASSAM

            VERSUS

            ARYA ELECTORS (INDIA) PRIVATE LIMITED
            REGISTERED OFFICE AT HOUSE NO. 123, ABHAYAPUR, NORTH
            GUWAHATI, COLLEGE NAGAR, DIST.- KAMRUP, PIN- 781030, REP. BY ITS
            MANAGING DIRECTOR.



Advocate for the Petitioner   : MR. S CHAKRABORTY, MS. M DAS

Advocate for the Respondent : ,




             Linked Case :

            GANESH DAS AND ANR
            S/O LATE DIJENDRA DAS
            R/O MADHABDEVPUR
                                                                 Page No.# 2/4

             P.O.- ULUBARI
             GUWAHATI- 781007
             DIST.- KAMRUP (M)
             ASSAM.

             2: SUMANA DAS
             W/O DR. GANESH DAS
              R/O MADHABDEVPUR
              P.O.- ULUBARI
              GUWAHATI- 781007
              DIST.- KAMRUP (M)
             ASSAM.
             VERSUS

             ARYA ELECTORS (INDIA) PRIVATE LIMITED
             REGISTERED OFFICE AT HOUSE NO. 123
             ABHAYAPUR
             NORTH GUWAHATI
             COLLEGE NAGAR
             DIST.- KAMRUP
             PIN- 781030
             REP. BY ITS MANAGING DIRECTOR.




Advocate for the applicant(s): Mr. S Chakraborty



Advocate for the respondent(s): X X


                                  BEFORE
                  HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                      ORDER

17.02.2025

Heard Mr. S Chakraborty, the learned counsel appearing on behalf of the applicant.

Page No.# 3/4

2. This is an application filed for condonation of delay of 314 days in preferring the appeal against the judgment and order dated 11.04.2023 passed by the learned Real Estate Appellate Tribunal, Guwahati in REAT/ASSAM/APPEAL No.12/2022.

3. The learned counsel appearing on behalf of the applicant submitted that the appellant had filed the appeal within the period of limitation before this Court, but the same was filed as RSA. However, subsequently, the same was withdrawn and re-filed as RERA Appeal and in that process, there had been a delay of 314 days.

4. This Court had duly taken note of that the service upon the respondents are complete as seen from the office note, however, none had appeared on behalf of the respondents.

5. This Court has also taken note of the causes shown as to why the appellant could not file the appeal within the time as mentioned in paragraphs 3 to 9 of the application. A perusal of the said paragraphs would show that the appellant has been able to make out sufficient cause within the meaning of Section 5 of the Limitation Act, 1963.

6. Accordingly, the delay of 314 days in preferring the accompanying appeal stands condoned.

7. Interlocutory application is allowed.

8. Registry shall list the RERA Appeal before this Court in the next week.

JUDGE Page No.# 4/4

Comparing Assistant