Gauhati High Court

Page No.# 1/3 vs Sadhu Saikia H 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)




          Linked Case :

         THE FOOD CORPORATION OF INDIA AND 2 ORS.



          VERSUS

         SADHU SAIKIA H



         ------------
         Advocate for : MR B K SINGH
         Advocate for : appearing for SADHU SAIKIA H



          Linked Case : I.A.(Civil)/1448/2023

         THE FOOD CORPORATION OF INDIA AND 2 ORS.
         REPRESENTED BY ITS GENERAL MANAGER
         REGIONAL OFFICE
         ULUBARI
         GUWAHATI 781008

         2: GENERAL MANAGER
         REGIONAL OFFICE
          FOOD CORPORATION OF INDIA
          G.S ROAD
          ULUBARI
          GUWAHATI 781007
                                                                        Page No.# 2/3

          3: THE DIVISIONAL MANAGER (THE DISTRICT MANAGER)
          FOOD CORPORATION OF INDIA
          DISTRICT OFFICE
          JORHAT.
          VERSUS

          SADHU SAIKIA
          S/O LATE PRAHLAD SAIKIA
          RESIDENT OF MACHARHAT
          J.B ROAD
          JORHAT



          ------------
          Advocate for : MR B K SINGH
          Advocate for : appearing for SADHU SAIKIA



                                BEFORE
             HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                       ORDER

16.05.2025

1. Heard learned counsel Mr. B. K. Singh for the applicant.

2. This application has been filed under Order XLI Rule 3A of the CPC for condoning the delay of 49 days in preferring the first appeal against the judgment and order dated 29.12.2022, passed by the learned Civil Judge, Jorhat in Money Suit No. 02/2022.

3. Learned counsel Mr. B. P. Sarma is present on behalf of Mr. R. Hazarika, learned counsel for the respondent.

4. Learned counsel for the respondent has accepted the notice on behalf of the respondents. It is submitted that due to the shifting of the Regional Office of FCI and owing to the technical issues relating to shifting of the Office, there was a resultant delay. It is also submitted that the applicants are a unit of PSUs. The Page No.# 3/3

formalities also resulted in the delay.

5. It is also submitted that delay was not intentional and sufficient grounds have also been shown. It is also submitted that the appeal may succeed.

6. I have considered the submissions at the Bar with circumspection.

7. It appears that delay may be condoned. Thereby, delay of 49 days in preferring the connected appeal is condoned.

8. Registry to register the connected appeal.

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

JUDGE

Comparing Assistant