Allowed

M/S. North East State Trading Pvt. Ltd. and Anr. v. M/S. Kanta Devi Jain and Anil Kumar Jain and 2 Ors.

Gauhati HC5 Jan 2021I.A.(Civil)/2662/2019

Case brief

AI extract

What is this about?

In an application under Section 5 of the Limitation Act, the Gauhati High Court condoned a delay of 89 days in filing a civil revision, accepting ill health of the petitioner's authorized signatory as sufficient reason.

What did the court decide?

Condonation of the delay of 89 days in filing the civil revision and disposal of the interim application.

M/S. North East State Trading Pvt. Ltd. and… — Civil Procedure and Limitation | Gauhati HC (2021)

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GAHC010170342019

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

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Case No. : I.A.(Civil)/2662/2019

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M/S. NORTH EAST STATE TRADING PVT. LTD. AND ANR.

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(NEST PVT LTD) COMAPNY HAVING ITS REGD OFFICE AT JAIN COMPLEX, G S ROAD, DISPUR, GUWAHATI- 781005, REP. BY ONE OF ITS DIRECTOR UTPAL RAJBANGSHI

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2: H AND R JOHNSON (INDIA) A DIVISION OF PRIME CEMENT LTD 53 A AND D MIRZA GHALIB STREET ARIHANT BUILDING 5TH FLOOR KOLKATA- 16 AND HAVING A BRANCH OFFICE AT JAIN COMPLEX G S ROAD DISPUR GUWAHATI- 78100

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VERSUS

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M/S. KANTA DEVI JAIN AND ANIL KUMAR JAIN AND 2 ORS

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A CO OWNERSHIP FIRM HAVING ITS OFFICE AT JAIN HOUSE, G S ROAD, DISPUR, GUWAHATI, GUWAHATI- 781005 AND REP. BY ITS CO OWNER PLAINTIFF NO. 2 AND 3

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2:KANTA DEVI JAIN RESIDING AT JAIN HOUSE G S ROAD DISPUR GUWAHATI- 781005 3:ANIL KUMAR JAIN S/O- LATE RATAN KUMAR JAIN R/O- JAIN HOUSE G S ROAD DISPUR

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GUWAHATI- 78100

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Advocate for the Petitioner : MR P S DEKA

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Advocate for the Respondent : MR G JALAN

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Linked Case :

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M/S. NORTH EAST STATE TRADING PVT. LTD. AND ANR.

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VERSUS

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M/S. KANTA DEVI JAIN AND ANIL KUMAR JAIN AND 2 ORS. (C)

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-----------Advocate for :

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Advocate for : appearing for M/S. KANTA DEVI JAIN AND ANIL KUMAR JAIN AND 2 ORS. (C)

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BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI

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ORDER

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Date : 05.01.2021

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By this application under Section 5 of the Limitation Act, the petitioner prays for condoning the delay of 89 days in preferring the civil revision against the order dated 24.01.2019.

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Heard the learned counsel for the petitioner and also the learned counsel for the respondent, who has orally resisted the petition.

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It is stated in the petition that the petitioner is a private limited company and the person authorised to file the revision has been suffering from various ailments and therefore could not file the revision in time causing the delay of 89 days.

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On hearing the learned counsels for the parties and the cause of delay explained in the petition, this Court is of the view that the petitioner has made out a

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good case for condoning the delay of 89 days with sufficient reason.

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Accordingly, the petition is allowed and the delay of 89 days stands condoned.

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Office to register the revision and list it for order.

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I.A. stands disposed of.

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JUDGE

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Comparing Assistant

M/S. North East State Trading Pvt. Ltd. and Anr. v. M/S. Kanta Devi Jain and Anil Kumar Jain and 2 Ors.

Case brief

What is this about?

What did the court decide?

M/S. North East State Trading Pvt. Ltd. and Anr. v. M/S. Kanta Devi Jain and Anil Kumar Jain and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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