This interlocutory order allowed an application for condonation of a 17-day delay in filing an appeal. The court noted that notice was served and accepted by the respondent's counsel. The appeal was listed for admission in the following week.
Condonation of delay of 17 days in filing the accompanying appeal.
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GAHC010221072018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 3568/2018
1:SMTI BHABANI BAISHYA
D/O SRI ARABINDA BAISHYA, R/O VILL. BAPUJINAGAR, UNDER GOALPARA SADAR POLICE STATION, IN THE DIST. OF GOALPARA, ASSAM.
VERSUS
1:SRI MANOJ KR. NATH
S/O SRI RADHA KANTA NATH, R/O VILL. BAPUJINAGAR, UNDER GOALPARA SADAR POLICE STATION, IN THE DIST. OF GOALPARA, ASSAM.
Advocate for the Petitioner : MR. N P DAS
Advocate for the Respondent :
Linked Case : Mat.App. 65/2018
1:SMTI BHABANI BAISHYA D/O SRI ARABINDA BAISHYA R/O VILL. BAPUJINAGAR UNDER GOALPARA SADAR POLICE STATION IN THE DIST. OF GOALPARA ASSAM.
VERSUS
1:SRI MANOJ KR. NATH S/O SRI RADHA KANTA NATH R/O VILL. BAPUJINAGAR UNDER GOALPARA SADAR POLICE STATION IN THE DIST. OF GOALPARA ASSAM.
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Advocate for the Petitioner : MR. N P DAS Advocate for the Respondent : MR. A K AHMED
BEFORE
HON’BLE THE CHIEF JUSTICE MR. A. S. BOPANNA HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI
O R D E R
05.04.2019:
(A. S. Bopanna, CJ)
Heard Mr. M. K. Das and Ms. Z. Anjum, learned counsel for the applicant. Also heard Mr. A. K. Ahmed and Mr. M. A. I. Hussain, learned counsel for the respondent.
Notice has been served and Mr. A. K. Ahmed, learned counsel has accepted notice on behalf of the respondent.
In that view, since service is complete, the application is taken up for consideration.
The instant application is filed seeking condonation of delay of 17 (seventeen) days in filing the accompanying appeal.
Perused the reasons indicated. In the interest of justice, the delay is condoned. This Interlocutory Application is allowed.
List the appeal for “Admission” next week.
JUDGE CHIEF JUSTICE
Comparing Assistant
2 issues framed by the court
Whether delay of 17 days in filing the appeal ought to be condoned.
Whether the application for condonation of delay should be allowed.
Smti Bhabani Baishya
Sri Manoj Kr. Nath
A. S. Bopanna
Arup Kumar Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
