Page No.# 1/3 vs Food Corporation Of India (Fci) And 3 Ors
2025 Latest Caselaw 646 Gua

Gauhati High Court

Page No.# 1/3 vs Food Corporation Of India (Fci) And 3 Ors on 16 May, 2025

                                                                         Page No.# 1/3

GAHC010127122023




                                                                   2025:GAU-AS:6109

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

                             Case No. : I.A.(Civil)/2164/2023

           SADHU SAIKIA
           S/O LATE PRAHLAD SAIKIA,
           R/O MACHARHAT, JB ROAD, DIST.- JORHAT, ASSAM.



           VERSUS

           FOOD CORPORATION OF INDIA (FCI) AND 3 ORS.
           REP. BY ITS GENERAL MANAGER, REGIONAL OFFICE, ULUBARI,
           GUWAHATI.

           2:THE GENERAL MANAGER
            FCI
            REGIONAL OFFICE
            ULUBARI
            GUWAHATI.

           3:THE DISTRICT MANAGER (AM)
            FCI
            DISTRICT OFFICE
            JORHAT.

           4:THE AREA MANAGER
            FCI
            JORHAT

Advocate for the Petitioner : MR. JYOTIRMOY ROY, MS E NATH,MR. C
CHAKRAVARTY,MR. R HAZARIKA

Advocate for the Respondent : MR B K SINGH,
                                                                           Page No.# 2/3



           Linked Case :

           SADHU SAIKIA



           VERSUS

           FOOD CORPORATION OF INDIA (FCI) AND 3 ORS. H



           ------------
           Advocate for : MR. R HAZARIKA
           Advocate for : appearing for FOOD CORPORATION OF INDIA (FCI) AND 3 ORS.
           H



                                BEFORE
             HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                      ORDER

16.05.2025

1. Heard learned counsel Mr. B. P. Sharma on behalf of learned counsel Mr. R. Hazarika representing the respondent.

2. This application has been filed under Section 5 of the Limitation Act, 1963 with prayer for condonation of delay of 115 days in preferring the connected appeal. The applicant is aggrieved by the judgment and decree dated 29.10.2022, passed by the learned Civil Judge, Jorhat in Money Suit No. 02/2020.

3. It is submitted that after the judgment and decree, the applicant was advised over mobile phone to prefer an appeal before the Gauhati High Court and he was requested to collect the judgment from the office. Thereafter, the Page No.# 3/3

applicant collected the copies of the judgment and decree and acted upon the advice of the engaged counsel whom he consulted on 11.12.2022. After consultation with the family members, the applicant decided to prefer this appeal. The delay was owing to the winter vacation followed by the bihu vacation of this Court from 23.12.2022 and 16.01.2023, and thereafter on 20.01.2023, the applicant consulted with the engaged counsel stationed at Guwahati.

4. It is submitted that the delay was not intentional. There is every possibility that the appeal may succeed. The applicant has shown sufficient grounds.

5. I have heard the learned counsel for the respondent.

6. I have considered the submissions at the Bar with circumspection. The delay of 115 days is thereby condoned.

7. Registry to register the connected appeal.

8. In terms of the above observation, this I.A. stands disposed of.

JUDGE

Comparing Assistant