✦ Gauhati High Court · 27 May 2022

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. SANJU TANTI AND 3 ORS

NANI TAGIA2 min read

Case at a glance

Decided
27 May 2022
Bench
NANI TAGIA

Provisions considered

Judgment

4:ABDUL KAYUM AHMED S/O- SABUL ULLA R/O- VILL.- SRIKUNA PT-II P.O. SRIKONA P.S. SILCHAR DIST.- CACHAR ASSAM PIN- 788026 Advocate for the Petitioner : MS. R D MOZUMDAR Advocate for the Respondent : MR. J LASKAR (R1, R2) BEFORE HONOURABLE MR. JUSTICE NANI TAGIA Date : 27.05.2022 ORDER Heard Ms. C. Mozumdar, learned counsel for the applicant and Mr. A. Mobaroque, learned counsel for the opposite party Nos.2 and 3. Office Note dated 09.05.2022 indicates that opposite party Nos.3 and 4 have also been served. This is an application filed under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 14 days in filing the connected MAC appeal, which is directed against the judgment & award dated 28.06.2019, passed by the learned Member, MACT, Hailakandi in MAC Case No.110/2017. The reason for delay of 14 days in filing the connected MAC appeal has been explained in the accompanying application stating that it was due to the legal opinion that was sought for, from the Page No.# 3/3 Advocates after the certified copy of the judgment & award was received by the applicant. Upon consideration of the explanations provided in the accompanying application explaining the delay of 14 days in preferring the connected MAC appeal, as highlighted hereinabove, I am satisfied that the applicant was prevented by a sufficient cause in not preferring the connected appeal within the stipulated time and there was no negligence and laches on the part of the applicant. In view of the above, the delay of 14 days in filing the connected MAC appeal is hereby condoned, in the interest of justice. The connected MAC appeal shall now be registered and list it for Admission hearing. The I.A stands allowed and disposed of. Comparing Assistant JUDGE

Questions this judgment answers

Which statutory provisions did this judgment involve?

Limitation Act, 1963 — s. 5.

Which court decided this case, and when?

Gauhati High Court, on 27 May 2022. The bench was NANI TAGIA.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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