Union of India v. Habi Sheikh and Anr

ORDER

19.06.2024. Heard Shri H Gupta, learned counsel for the applicant, who by means of this application filed under Section 5 of the Limitation Act, 1963, has prayed for condonation of delay of 482 days in preferring the connected appeal against the judgment and order dated 07.02.2022 in WC Case No.07/2018 passed by the learned Commissioner, Employee's Compensation, Barpeta. Shri Gupta, learned counsel by referring to the averments made in the application has submitted that due to certain office formalities, the delay has occurred which is not intentional. Shri J Mollah, learned counsel for the opposite party has submitted that the grounds cited are not sufficient and therefore, the application is liable to be dismissed. A perusal of the averments made in the petition would show that the delay has occurred due to certain office formalities. The reasons are not specific and do not inspire confidence. At the same time, the right to prefer an appeal cannot be held to be extinguished because of technicalities. In view of the aforesaid facts and circumstances, this Court is of the opinion that interest of justice would be served if the delay is condoned, however, with certain conditions. Accordingly, the delay of 482 days in preferring the connected appeal is condoned subject to payment of cost of Rs. 5000/-. The cost is to be deposited in the Gauhati High Court Bar Association Welfare Fund. Page No.# 3/3 The interlocutory applications accordingly stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010209082023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o I.A.(Civil)/2897/2023oIn MFA/10363/2023o(filingonumber)o UNIONoOFoINDIAo MALIGAONoGUWAHATIo781001,oKAMRUP(M),oASSAM VERSUSo HABIoSHEIKHoANDoANRo S/OoLATEoJANABoALI,o RESIDENToOFoVILLAGEoKABAITARI,oPSoJOGIGHOPA,oDISToBONGAIGAON,o ASSAMo TEMPORARYoADDRESSoRAJAGHAT,oPOoKUROBAHA,oPSoPATACHARKUCHI,o DISToBARPETA,oASSAM. 2:MOIFULoNESSA oW/OoHABUoSHEIKH o RESIDENToOFoVILLAGEoKABAITARI oPSoJOGIGHOPA oDISToBONGAIGAON oASSAMo TEMPORARYoADDRESSoRAJAGHAT oPOoKUROBAHA oPSoPATACHARKUCHI oDISToBARPETA oASSAMo AdvocateoforotheoPetitionerooooo:oMRoHoGUPTAo AdvocateoforotheoRespondento:oMRoJoMOLLAHoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI