Allowed

Indian Bank and 2 Ors. v. Gajen Das and 6 Ors.

Gauhati HC15 Feb 2024I.A.(Civil)/412/2024

Case brief

AI extract

What is this about?

Application under Section 5 of the Limitation Act seeking condonation of a 38-day delay in filing a writ appeal. The court found the reasons sufficient, condoned the delay, allowed the application, and directed registration of the appeal for admission after two weeks.

What did the court decide?

Delay of 38 days in filing the writ appeal condoned; Registry directed to register the appeal and list it for admission after two weeks.

Indian Bank and 2 Ors. Vs Gajen Das and 6 Ors. — Civil Procedure and Limitation | Gauhati HC (2024)

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GAHC010016642024

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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)/412/2024

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INDIAN BANK AND 2 ORS.

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REP. BY THE CHAIRMAN AND MANAGING DIRECTOR, HEAD OFFICE, 2 NETAJI SUBHASH ROAD, KOLKATA- 700001, WEST BENGAL

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2: THE GENERAL MANAGER(HR) INDIAN BANK HEAD OFFICE 2 NETAJI SUBHASH ROAD KOLKATA- 700001 WEST BENGAL

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3: THE DEPUTY GENERAL MANAGER INDIAN BANK ZONAL OFFICE G S ROAD OPP BORA SERVICE STATION GUWAHATI- 781007 ASSA

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VERSUS

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GAJEN DAS AND 6 ORS S/O- KESHAB DAS, R/O- NORTH GUWAHATI, RAJADUWAR, DIST- KAMRUP, ASSAM

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2:AKHIL BORO S/O- SRI GANGADHAR BORO R/O- H NO. 16 ODALBAKRA LALGANESH GHY- 34 DIST- KAMRUP(M) ASSAM

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3:UTPAL BAISHYA S/O- KAMESHWER BAISHYA

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R/O- SAUKUCHI DIST- KAMRUP(M) ASSAM 4:MANJIIT RABHA S/O- PARESH RABHA R/O- JARAPARA P.O- BOKO DIST- KAMRUP ASSAM 5:BRINDABAN DAS S/O- SRI CHAN DAS R/O- HAJO PANIPARA DIST- KAMRUP(M) ASSAM

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6:ATIKUR RAHAMAN S/O- SRI JIYAUR RAHAMAN R/O- DIMAPUR HAJO KAMRUP ASSAM 7:KAMAL SHILL S/O- KANU SHILL R/O- DWARKUCHI TAMULPUR DIST- BAKSHA ASSA

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Advocate for the Petitioner : MR. D DAS SR. ADV

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Advocate for the Respondent : FOR CAVEATOR

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BEFORE

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HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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16.02.2024

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(Vijay Bishnoi, CJ)

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The matter comes up for consideration of the application preferred on

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behalf of the appellant under Section 5 of the Limitation Act with a prayer to condone the delay of 38 days in filing the connected writ appeal.

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Mr. S. Chakrborty, learned counsel has put in appearance on behalf of the respondent Nos.1 to 7. However, no reply to the application under Section 5 of the Limitation Act is filed.

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The learned counsel for the applicants has submitted that due to some unavoidable circumstances, the writ appeal could not be filed within the period of limitation.

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The learned counsel for the respondent Nos.1 to 7 has vehemently opposed the application filed under Section 5 of the Limitation Act and has submitted that the reasons supplied by the applicants in the application filed under Section 5 of the Limitation Act are not sufficient to condone the delay. Having heard the learned counsel for the parties and after going through the contents of the application and taking into consideration the facts and

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circumstances of the case, we deem it appropriate to condone the delay of 38 days in filing the present appeal.

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Hence, the I.A.(Civil) No.412/2024 is allowed. The delay of 38 days in filing the present appeal is condoned.

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Registry is directed to register the writ appeal and place it for admission after two weeks.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

Indian Bank and 2 Ors. v. Gajen Das and 6 Ors.

Case brief

What is this about?

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Indian Bank and 2 Ors. v. Gajen Das and 6 Ors.

Case brief

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What the court decided

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