Page No.# 1/2 vs Pradip Kumar Bhuyan
2025 Latest Caselaw 648 Gua

Gauhati High Court

Page No.# 1/2 vs Pradip Kumar Bhuyan on 16 May, 2025

                                                                           Page No.# 1/2

GAHC010276972024




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

                                Case No. : I.A.(Civil)/63/2025

           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

           PRADIP KUMAR BHUYAN
           S/O LATE HEM CHANDRA BHUYAN, R/O TORAJAN, GAYEN GAON,
           JORHAT, ASSAM, PIN-785001



For the appellants          :      Mr. N.K. Sarma, Advocate
For respondent(s)          :      Mr. N. Gautam, Advocate

- BEFORE -

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

16.05.2025 (Vijay Bishnoi, CJ)

The matter comes up for consideration of the I.A.(Civil) 63/2025 filed under Page No.# 2/2

Section 5 of the Limitation Act, 1963 for condonation of delay of 415 days in filing the connected writ appeal.

Learned counsel for the applicants submit 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.

Learned counsel for the respondent is not in a position to dispute the said submission.

In such circumstances when the writ appeals on the similar issue have already been allowed by this Court, we deem it appropriate to condone the delay of 415 days in filing the connected writ appeal.

Accordingly, this interlocutory application is allowed. Registry is directed to register the connected writ appeal and list it for admission after two weeks.

Copy of the memo of appeal along with requisite documents be supplied to the learned counsel for the respondents during the course of the day.

                                          JUDGE                        CHIEF JUSTICE




Comparing Assistant