The Gauhati High Court heard an interlocutory application seeking condonation of a 94-day delay in filing a second appeal. The court allowed the application as the respondent counsel did not object to the illness grounds provided by the applicant.
Delay of 94 days in preferring RSA 131/2018 is condoned; I.A. allowed; appeal listed.
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GAHC010099272018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1654/2018
1:M/S P.K STORE AND 2 ORS
PROPRIETOR SRI PRADIP SAHA S/O LATE SADHAN CH SAHA R/O MIDDLE CHOWKIDINGHEE NEAR HANUMAN MANDIR , P.O. AND DIST DIBRUGARH ,ASSAM PIN. 786010
2: SRI PRADIP SAHA
S/O LATE SADHAN CH SAHA R/O MIDDLE CHOWKIDINGHEE NEAR HANUMAN MANDIR P.O.AND DIST. DIBRUGARH ASSAM PIN. 786010
3: SRI JOY CH SAHA
S/O LATE SADHAN CH SAHA R/O MIDDLE CHOWKIDINGHEE NEAR HANUMAN MANDIR P.O.AND DIST. DIBRUGARH ASSAM PIN. 78601
VERSUS
1:THE STATE BANK OF INDIA
KOTOHA BRANCH , A STATUTORY BODY CONSTITUTED UNDER THE STATE BANK OF INDIA ACT, 1955, HAVING ITS CENTRAL OFFICE AT MUMBAI, AND A LOCAL HEAD OFFICE AT BHORALMUKH, GUWAHATI ASSAM CARRYING ON BUSINESS OF BANKING INTER ALIA AT A BRANCH OFFCE AT KOTOHA IN THE DIST. OF DIBRUGARH ,ASSAM .PIN 785676
Advocate for the Petitioner : MR. N N UPADHAYA
Advocate for the Respondent : MR. K K DEY
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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 07-02-2020
Heard Mr. D. Baruah, learned counsel for the applicant and Mr. V. K. Borooah, learned counsel for the opposite party.
This interlocutory application is preferred for condoning a delay of 94 days in
preferring the accompanying regular second appeal RSA/131/2018.
In paragraph 3 of the application, a ground is taken that the appellant No. 3 Joy Ch.
Saha was suffering from certain ailment because of which the delay had occurred in filing the appeal.
Mr. V. K. Borooah, learned counsel considering the aspect that the ailment of one of
the appellant is stated to be a ground does not object to the delay being condoned.
Accordingly, the delay of 94 days in preferring RSA 131/2018 is condoned.
I.A. stands allowed.
RSA/131/2018 be listed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a delay of 94 days in filing a second appeal can be condoned on the ground of illness to an appellant.
M/s P.K Store and 2 Ors
Achintya Malla Bujor Barua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
