Disposed

National Highway Authority of India v. Shri Joymonta Thousen and Anr.

Gauhati HC10 Feb 2020I.A.(Civil)/269/2020

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an interlocutory application seeking condonation of a 186-day delay in filing an application to substitute the legal heirs of a deceased respondent in an ongoing arbitration appeal. The court accepted the reason for the delay and allowed the substitution.

What did the court decide?

conducted the delay of 186 days in filing the application for substitution of legal heirs.

National Highway Authority of India Vs Shri… — Civil Procedure and Limitation | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010044032019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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I.A.(Civil) 269/2020

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1:NATIONAL HIGHWAY AUTHORITY OF INDIA SHANKER MISSION ROAD NAGAON INFRONT OF I.T.I NAGAON ASSAM- 782001.

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VERSUS

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1:SHRI JOYMONTA THOUSEN AND ANR S/O- LATE KUMARSING THOUSEN VILL.- NATUN DILAOTHI P.O. AND MOUZA- LANGTING DIMA HASAO DISTRICT ASSAM.

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2:RANGE OFFICER LANGTING RANGE LANGTING HAFLONG DIMA HASAO DISTRICT ASSAM.

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Advocate for the Petitioner : MR D DEKA Advocate for the Respondent : MR. M BISWAS

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In Arb.A. 16/2015

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1:NATIONAL HIGHWAY AUTHORITY OF INDIA SHANKAR MISSION ROAD IN FRONT OF ITI NAGAON ASSAM 782001

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Page No.# 2/3

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VERSUS

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1:SHRI JOYMONTA THAOSEN and ANR S/O LATE KUMARSING THAOSEN VILL. NATUN DILAOTHI P.O. and MOUZA LANGTING DIMA HASAO DIST. ASSAM.

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Advocate for the Petitioner : MR. P KUMAR Advocate for the Respondent : MR. M BISWAS

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BEFORE

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HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 10-02-2020

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Heard Mr. P Kumar, learned counsel for the applicant/appellant. Also heard Mr. M Biswas, learned counsel for the opposite party.

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During the pendency of the connected Arb.Appeal No.16/2015, the respondent No.1 died. We have also taken note of that when the deceased died his right to sue and to be sued still survived.

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In the circumstance, the accompanying application for substitution of the legal heirs has been filed. As there is a delay of 186 days in filing the said application for substitution of the legal heirs of the deceased respondent No.1, the present interlocutory application has been filed for condoning the delay of 186 days.

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The reason for the delay as stated in the application is that although the respondent No.1 had died on 25.09.2018, but the said information was received by the applicant/appellant on 27.02.2019. We accept the reason and accordingly condone the delay of 186 days in filing the application for substitution.

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Interlocutory application stands disposed of in the above terms.

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JUDGE

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Page No.# 3/3

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Comparing Assistant

National Highway Authority of India v. Shri Joymonta Thousen and Anr.

Case brief

What is this about?

What did the court decide?

National Highway Authority of India v. Shri Joymonta Thousen and Anr.

Case brief

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What did the court decide?

What the court decided

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Statutes considered

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