I.A.(Civil)/1425/2025
2025 Latest Caselaw 1096 Gua

Gauhati High Court

I.A.(Civil)/1425/2025 on 16 July, 2025

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GAHC010093162025




                                                                     2025:GAU-AS:9287

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

                                  Case No. : I.A.(Civil)/1425/2025

            MAYANK SOMANI
            S/O SRI MANGILAL MAHESREE, R/O FLAT NO 305, 3RD FLOOR,
            BHUBANESHWAR TOWER, CHOLADHARA, TRP ROAD, JORHAT, ASSAM
            785001     VERSUS

            M/S SEVEN CITY DEVELOPERS PRIVATE LIMITED AND ANR
            A COMPANY INCORPORATED UNDER COMPANIES ACT 1956 HAVING ITS
            REGISTERED OFFICE AT 325 (A) WING, SHANTY SHOPPING CENTER,
            OPPOSITE RAILWAY STATION, MIRA ROAD (EAST), THANE,
            MAHARASHTRA, 400601

            2:MS. KITTY SARKAR
             DIRECTOR
             M/S SEVEN CITY DEVELOPERS PRIVATE LTD
             325 9A) WING
             SHANTY SHOPPING CENTRE
             OPPOSITE RAILWAY STATION
             MIRA ROAD (EAST) THANE
             MAHARASHTRA 40060

Advocate for the Petitioner   : MR. A K SAHEWALLA, MR P GOGOI,MR. W SHARMA

Advocate for the Respondent : ,


                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                             ORDER

Date : 16.07.2025

Heard Mr. A.K. Sahewalla, learned counsel for the applicant and also heard Mr. N. Patiri, learned counsel for the opposite parties.

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2. This interlocutory application, under section 5 of the Limitation Act, 1963, is preferred by the applicant for condonation of delay of 34 days in filing the appeal.

3. Mr. Sahewalla, learned counsel for the applicant submits that though the judgment was pronounced on 29.11.2024, against which the connected appeal is being preferred, the applicant herein was appearing in C.A examination, which was held on 25.01.2025, and on such count, the applicant could not approach this Court in time and that the delay of 34 days is not intentional rather it is circumstantial and under such circumstances, Mr. Sahewalla, has contended to condone the delay.

4. Mr. Patiri, learned counsel for the opposite parties submits that he has no objection in the event of condoning the delay of 34 days in preferring the appeal.

5. Taking note of the submission of learned counsel for both the parties, and considering also in view of the explanation, so forthcoming for the delay and considering the documents enclosed with the application, this Court is of the view that the delay is sufficiently explained and therefore this Court is inclined to condone the days of 34 days in preferring the connected appeal.

6. In view of the order passed in I.A.(Civil) No. 1425/2025, now the Registry will proceed to register the appeal and list the same before the Court as soon as practicable.

JUDGE

Comparing Assistant