Numaligarh Refinery Ltd. and 2 Ors v. Iqubal Singh and Anr

ORDER Date : 09.09.2024 ( Vijay Bishnoi, CJ

)

The matter comes upon for consideration of the I.A.(C)/3620/2023 with a prayer to condone the delay of 2300 days in filing the connected writ appeal. The learned counsel for the applicants has submitted that the learned Single Judge has ruled against the applicants vide order dated 12.05.2015, passed in WP(C)/3165/2010 and being aggrieved with the same, the applicants had preferred a review petition on 28.06.2015, which came to be disposed of only on

20.06.2023 and thereafter, the applicants had preferred the connected writ appeal along with application for condonation of delay on 15.09.2023. The learned counsel for the applicants has therefore, submitted that the delay in filing the connected writ appeal is bonafide, because, the review petition filed by them remained pending before the learned Single Judge for quite a long time. It is further contended that on merits also, the applicants have a good case based on strong grounds and therefore, the delay of 2300 days may kindly be condoned. Notices have been served to all the non-applicants, however, no reply, opposing the application has been filed on behalf of the respondent no. 2, who is represented through counsel. However, despite service of notice upon the respondent no. 1, none has appeared for the said respondent. Taking into consideration the above facts and circumstances of the case, we Page No.# 4/4 are of the view that the applicants have satisfactorily explained the delay of 2300 days in filing the connected writ appeal. Hence, the Interlocutory application is allowed and the delay of 2300 days in filing the connected writ appeal is condoned. Registry to register the connected writ appeal and list the same before this Court after 3(three) weeks, for admission.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/4 GAHC010274082023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3620/2023o NUMALIGARHoREFINERYoLTD.oANDo2oORS.o AoPUBLICoSECTORoUNDERTAKING,oREGISTEREDoUNDERoSEC.o617oOFoTHEo COMPANIESoACT,o1956oHAVINGoITSoREGISTEREDoOFFICEo122A,oG.S.oROAD,o CHRISTIANoBASTI,oGUWAHATI-o781005,oREPRESENTEDoBYoITSoMANAGING DIRECTOR. 2:oTHEoSR.oMANAGER oMATERIALS oCOMMERCIALoDEPARTMENT oNUMALIGARHoREFINERYoLIMITED oP.O.oNUMALIGARH oDIST.oGOLAGHATo(ASSAM). 3:oTHEoMANAGER oMATERIALS oCOMMERCIALoDEPARTMENT oNUMALIGARHoREFINERYoLIMITED oP.O.-oNUMALIGARH oDIST.oGOLAGHATo(ASSAM)o VERSUSo IQUBALoSINGHoANDoANR.o SONoOFoLATEoI.oSINGHoR/OoJPRoROAD,o(NEARoRICEoMILL),oJORHAT,o ASSAM. 2:THEoPR.oCOMMISSIONERoOFoCGSToANDoCENTRALoEXCISE oGUWAHATI oGSToBHAWAN o(5THoFLOOR) oKEDARoROAD oMACHKHOWA oGUWAHATI oPIN-o781001o(ASSAM)o Page No.# 2/4 Advocate for the Petitioner : MR. D SAHU, MR. R S MISHRA Advocate for the Respondent : SC, GST, Linked Case : NUMALIGARH REFINERY LTD. AND 2 ORS. VERSUS IQUBAL SINGH AND ANR. B ------------ Advocate for : MR. D SAHU Advocate for : appearing for IQUBAL SINGH AND ANR. B Linked Case : NUMALIGARH REFINERY LTD. AND 2 ORS. VERSUS IQUBAL SINGH AND ANR. B ------------ Advocate for : MR. D SAHU Advocate for : appearing for IQUBAL SINGH AND ANR. B Page No.# 3/4 BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR