M/S Welkin Promoters Pvt Ltd and Anr v. On the Death of Bankim Ch Changkakoti Bipasha Changkakoti and 3 Ors

ORDER Date : 05.06.2023

Heard Mr. R.K. Bhuyan, the learned counsel appearing on behalf of the Applicants. Mr. B.D. Deka, the learned counsel appears on behalf of the Page No.# 3/4 Respondent Nos. 1 to 4.

¶2This is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 250 days in filing the connected appeal against the judgment and decree dated 28/4/2021 passed by the Court of the Civil Judge No. 2, Kamrup (Metro) at Guwahati in Title Suit No. 434/2018 .

¶3It is the case of the Applicants that in view of the settlement between the Applicants and the predecessors of the Respondent No. 1 to 4, the Applicants did not appear in the said suit which had resulted in the ex-parte decree passed against the Applicants. This aspect of the matter however has been denied by the Respondent Nos. 1 to 4 on the ground that there was no settlement or compromise between the predecessors of the Respondent No. 1 to 4 with the Applicants.

¶4The fact as to whether there were a negotiation as claimed by the Applicants or not is a question of fact which if gone into would only delay the adjudication of the accompanying appeal.

¶5Taking into account the above, the counsels appearing on behalf of the parties agree that rather than delaying the matter on the question of delay in filing the appeal, the matter be decided on merits. Accordingly, the delay of 250 days in preferring the accompanying appeal stands condoned.

¶6The Registry is therefore directed to register the accompanying appeal and list the matter for admission after 2(two) weeks.

¶7It is made clear that this Court had only on the basis of consensus of early adjudication of the matter have condoned the delay. The averments made in the application regarding the negotiation between the Applicants and the predecessor of the Respondents have not been decided and the condonation of Page No.# 4/4 delay shall not be deemed to mean that the Respondent Nos. 1 to 4 had accepted the averments made in the Application for condonation of delay.

¶8The I.A. stands disposed off accordingly. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010025962023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/453/2023o M/SoWELKINoPROMOTERSoPVToLTDoANDoANRo REPRESENTEDoBYoITSoDIRECTORoJARNELoSINGH,oOFFICEoAToS.KoBARUAH ROAD,oBYEoLANEoNO.o1o(EAST)oHOUSEoNO.o8,oRUKMININAGAR,oDISPURo GUWAHATI,o781006,oKAMRUPoMoASSAM 2:oJARNELoSINGH oS/OoLATEoSEWAoSINGHo oRESIDENToOFoS.KoBARUAHoROAD oBYEoLANEoNO.o1o(EAST)oHOUSEoNO.o8 oRUKMININAGAR oDISPURoGUWAHATI o781006 oKAMRUPoMoASSAo VERSUSo ONoTHEoDEATHoOFoBANKIMoCHoCHANGKAKOTIoBIPASHAoCHANGKAKOTIo ANDo3oORSo D/OoLATEoBANKIMoCHoCHANGKAKOTI,oANDoRESIDENToOFoPRATEETI,o HOUSEoNO.o34oBYEoLANEoNO.o9,oWESTo.RGoBARUAHoROAD,oGUWAHATIo 781024,oKAMRUPoMoASSAM 2:DR.oINDRANIoCHANGKAKOTI oD/OoLATEoBANKIMoCHoCHANGKAKOTI oANDoRESIDENToOFoPRATEETI oHOUSEoNO.o34oBYEoLANEoNO.o9 oWESTo.RGoBARUAHoROAD oGUWAHATIo781024 oKAMRUPoMoASSAM 3:SUJATAoCHANGKAKOTI oD/OoLATEoBANKIMoCHoCHANGKAKOTI oANDoRESIDENToOFoPRATEETI Page No.# 2/4 HOUSE NO. 34 BYE LANE NO. 9 WEST .RG BARUAH ROAD GUWAHATI 781024 KAMRUP M ASSAM 4:ARUP JYOTI CHANGKAKOTI S/O LATE BANKIM CH CHANGKAKOTI AND RESIDENT OF PRATEETI HOUSE NO. 34 BYE LANE NO. 9 WEST .RG BARUAH ROAD GUWAHATI 781024 KAMRUP M ASSA Advocate for the Petitioner : MR. R K BHUYAN Advocate for the Respondent : MR. B D DEKA Linked Case : FRS Filing No. 1391 of 2023 M/S WELKIN PROMOTERS PVT LTD AND ANR VERSUS ON THE DEATH OF BANKIM CH CHANGKAKOTI BIPASHA CHANGKAKOTI AND 3 ORS (A) ------------ Advocate for : MR. R K BHUYAN Advocate for : appearing for ON THE DEATH OF BANKIM CH CHANGKAKOTI BIPASHA CHANGKAKOTI AND 3 ORS (A) BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH