The Assam Power Generation Corporation ... vs Binod Bhagabati
2025 Latest Caselaw 535 Gua

Gauhati High Court

The Assam Power Generation Corporation ... vs Binod Bhagabati on 14 May, 2025

                                                                         Page No.# 1/2

GAHC010276942024




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

                             Case No. : I.A.(Civil)/78/2025

            1.THE ASSAM POWER GENERATION CORPORATION LTD AND 2 ORS
            REPRESENTED BY ITS CHAIRMAN HAVING ITS REGISTERED OFFICE AT
            1ST FLOOR, BIJULEE BHAWAN, PALTANBAZAR, GUWAHATI-781001

            2: THE MANAGING DIRECTOR,
            ASSAM POWER GENERATION CORPORATION LIMITED
             BIJULEE BHAWAN PALTANBAZAR GUWAHATI-781001

            3: THE GENERAL MANAGER (HR)
            ASSAM POWER GENERATION CORPORATION LTD
             BIJULEE BHAWAN GUWAHATI-

            VERSUS

            BINOD BHAGABATI
            S/O LATE UDAY BHAGABATI,
            RESIDENT OF HOUSE NO. 46(A) NARENGI HOUSING COLONY,
            NARENGI, GUWAHATI, ASSAM 785026

For the Applicant(s)         : Mr. N.K. Sarma, Advocate.
For the Respondent(s)        : Mr. J. Patowary, Advocate.

- BEFORE -

HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE KARDAK ETE

14.05.2025 (Vijay Bishnoi, CJ)

The matter comes upon for consideration of this interlocutory application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 415 days in Page No.# 2/2

filing the connected writ appeal.

Learned counsel for the applicants has submitted that this Court has allowed WA Nos.107/2023 and 272/2023, which were filed with identical issue, vide judgment dated 05.08.2024. It is contended that the order impugned in those writ appeals has been reversed. It is further submitted that the learned Single Judge passed the order impugned in the connected writ appeal by relying on the earlier judgment passed by the Coordinate Bench, which has been reversed in the above-referred writ appeals.

The learned counsel appearing for the sole respondent has not seriously opposed this application.

After hearing the learned counsel for the parties and having gone through the contents of the application and also considering the fact that when the writ appeals on the similar issues have already been allowed by this Court, we deem it appropriate to condone the delay of 415 days in filing the connected writ appeal.

Hence, this interlocutory application is allowed and the delay of 415 days in filing the connected writ appeal is condoned.

Registry is directed to register the connected writ appeal and list it for admission after two weeks.

Copy of the memo of the connected writ appeal along with requisite documents be supplied to the learned counsel for the sole respondent during the course of the day.

The interlocutory application stands disposed of.

                        JUDGE                                     CHIEF JUSTICE

Comparing Assistant