Gauhati High Court

Page No.# 1/3 vs The Union Of India on 2 June, 2025

                                                                          Page No.# 1/3

GAHC010114792025




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

                                Case No. : I.A.(Civil)/1734/2025

            SANTANA BASUMATARY AND ANR
            W/O LATE NAYAN BASUMATARY

            2: DHINOLA BASUMATARY

             D/O LATE NAYAN BASUMATARY
             ALL ARE PERMANENTLY RESIDING AT VILL. TILAPARA F.T.V.
             NO. 1
             P.S. .NAGAON
             DIST. HOJAI
             PIN 782435
             ASSAM

            VERSUS

            THE UNION OF INDIA,
            REPRESENTED BY THE GENERAL MANAGER, SOUTH CENTRAL RAILWAY,
            SECUNDERABAD.



Advocate for the Petitioner   : MR D S DEKA, MR B C DAS

Advocate for the Respondent : DY.S.G.I., MS. K PHUKAN (C.G.C.)




             Linked Case : MACApp./0/0

            SANTAN BASUMATARY AND ANR
            HOJAI
                                                                       Page No.# 2/3


           VERSUS

           THE UNION OF INDIA
           REP BY


           ------------
           Advocate for : Devarshi Sen Deka
           Advocate for : appearing for THE UNION OF INDIA



                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                        ORDER

Date : 02.06.2025 Heard Mr. D. S. Deka, leaned counsel for the applicants.

This is an application filed under Section 5 of the Limitation Act, 1963 for condoning the delay of 1 (one) day in preferring the accompanying miscellaneous first appeal against the impugned judgment and order dated 30.01.2025, passed by the learned Member (Judicial), Railway Claims Tribunal, Guwahati Branch in O.A. No. IIu - 03/2024.

The grounds for delay in not filing the accompanying miscellaneous first appeal have been stated in paragaraph 14 of this application. On perusal of the ground for seeking condonation, this court is of the opinion that the applicants were prevented by sufficient causes for not filing the connected appeal within the stipulated time.

Ms. K. Phukan, learned counsel for the respondent/ Union of India has no objection for condoning the delay of 1 (one) day in preferring the accompanying miscellaneous first appeal.

In view of the above, the delay of 1 (one) day in preferring the Page No.# 3/3

accompanying miscellaneous first appeal is hereby condoned.

With the above observations, the I.A. stands disposed of.

The Registry shall register the connected Miscellaneous First Appeal for admission.

JUDGE

Comparing Assistant