The Assam Plantation Crops Development Corporation Limited (Apcdc Ltd.) and 3 Ors v. M/S N. K. Production and 3 Ors

ORDER

08.08.2024 Heard Mr. R. Sarma, learned counsel for the applicants and also heard Mr. S.A. Page No.# 3/4 Bakhtiar, learned counsel appearing for the respondent No.1 as well as Ms. R.S. Deuri, learned standing counsel, Soil Conservation Department, appearing for the respondent Nos.2, 3 and 4. This application under Section 5 of the Limitation Act is preferred by the applicants for condonation of delay of 131 days in preferring connected appeal against the judgment and decree dated 01.09.2022 passed by the learned Civil Judge No.1, Kamrup(M), in Title Suit No.231/2019. It is to be noted here that vide impugned judgment and decree dated 01.09.2022, the learned Civil Judge No.1, Kamrup(M) has decreed Title Suit No.231/2019 in favour of the plaintiff. Mr. Sarma, learned counsel for the applicants submits that the applicants were not aware about disposal of the case and at the relevant time, Covid-19 pandemic was also prevalent and that thereafter the applicants came to know about the same and in the meantime 131 days have elapsed and the delay of 131 days in preferring the connected appeal is not intentional, rather it is circumstantial and the same has been sufficiently explained in paragraphs 3 and 4 of the application and therefore, Mr. Sarma has contended to condone the delay of 131 days in preferring the connected appeal. Per contra, Mr. Bakhtiar, learned counsel for the respondent No.1 and Ms. R.S. Deuri, learned standing counsel, appearing for the respondent Nos.2—4, submit that they have no objection in the event of condonation of 131 days delay in filing the connected appeal, however, it is submitted that the appeal may be listed on priority basis. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the statement and averment made in paragraphs 3 and 4 of the application and it appears that the applicants have sufficiently explained the delay in paragraphs 3 and 4 of the application. Having taken note of the same and also taken note of the facts and circumstances on the record as well as submission of the learned Advocates of both the parties, this Page No.# 4/4 Court is inclined to condone the delay of 131 days in filing the connected appeal. In terms of above, this I.A. stands disposed of. Registry to register and number the connected appeal and list the same before this Court. Comparing Assistant Sd/- Robin Phukan JUDGE

PageoNo.#o1/4 GAHC010163162023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2481/2023o THEoASSAMoPLANTATIONoCROPSoDEVELOPMENToCORPORATIONo LIMITEDo(APCDCoLTD.)oANDo3oORS.o REP.oBYoITSoMANAGINFoDIRECTOR,oOPPOSITEoSARUSAJAIoNATIONALo STADIUMoCOMPLEX,oN.H.o37,oLAKHARA,oGUWAHATI-o781040,oASSAM. 2:oTHEoCHAIRMAN oASSAMoPLANTATONoCROPSoDEVELOPMENToCORPORATIONoLIMITED oHAVINGoITSoOFFICEoAToSAWKUCHI oOPP.oSARUSAJAIoNATIONALoSTADIUMoCOMPLEX oN.H.o37,oLAKHARA oGUWAHATI-o781040 oASSAM. 3:oTHEoPLANTATIONoMANAGERo(ENGG) oASSAMoPLANTATONoCROPSoDEVELOPMENToCORPORATIONoLIMITED oHAVINGoITSoOFFICEoAToSAWKUCHI oOPP.oSARUSAJAIoNATIONALoSTADIUMoCOMPLEX oN.H.o37,oLAKHARA oGUWAHATI-o781040 oASSAM. 4:oALLoTHEoESTATEoIN-CHARGESoOFoCHANDRAPUR oRAMSHAHILL oHARMOTI oBURAPAHAR oKANCHANJURI oRONGAPARA oDIFFALOO oDOFAMARA oMAGURSILA oKAKI oTOPATALIoANDoOUGURIoRUBBERoESTATE oAPCDCoLTD.oHAVINGoITSoREGISTEREDoOFFICEoAToSAWKUCHI oOPP.oSARUSAJAIoNATIONALoSTADIUMoCOMPLEX Page No.# 2/4 N.H. 37, LAKHARA GUWAHATI 781040 ASSAM VERSUS M/S N. K. PRODUCTION AND 3 ORS. A PROPRITORSHIP CONCERN, HAVING ITS OFFICE AND PLACE OF BUSINESS AT BY-LANE NO. 9, H. NO. 35, RGB ROAD, P.O.- GEETANAGAR, GUWAHATI- 24 IN THE DISTRICT OF KAMRUP (M), ASSAM AND REPRESENTED BY ITS PROPRIETOR, DEBO BORKOTOKY, S/O LATE BOLIN BORKOTOKY. 2:THE STATE OF ASSAM REP. BY THE SECRETARY DEPTT. OF SOIL CONSERVATION GOVT. OF ASSAM DISPUR GUWAHATI- 06. 3:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM SOIL CONSERVATION DEPTT. DISPUR GUWAHATI- 6. 4:THE DIRECTOR OF SOIL CONSERVATION ASSAM BHUMI SANGRAKSHAN BHAWAN R.G. BORUAH ROAD GUWAHATI- 05 Advocate for the Petitioner : MR. R SARMA, MR A DEY Advocate for the Respondent : SC, SOIL CONSERVATION DEPTT., MR. N ALAM (R-1) BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN