Allowed¶27

The Assam Power Distribution Company Limited and 2 Ors. v. Junmoni Gogoi and Anr.

Gauhati HC13 Jul 2025I.A.(Civil)/1360/2024

Case brief

AI extract

What is this about?

Gauhati High Court; I.A.(Civil)/1360/2024; Justice Robin Phukan; order dated 14.07.2025; condonation of delay; Section 5 of the Limitation Act; delay of 103 days; first appeal; judgment and award dated 28.09.2023; Learned Commissioner, Employee's Compensation, Golaghat; Employee's Compensation Case No. 14/2014; Rs. 8,36,920/- compensation; interest @ 12% per annum; APDCL (Assam Power Distribution Company Limited); Junmoni Gogoi; Upendra Nath Bora; notice served by dasti mode; none appeared for respondent; Registry to register appeal.

What did the court decide?

Condonation of the 103-day delay in preferring the first appeal; Registry directed to register the appeal and list it before the Court as soon as practicable. ¶27

The Assam Power Distribution Company Limited and 2… — Company and Corporate | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Condonation of the 103-day delay in preferring the first appeal; Registry directed to register the appeal and list it before the Court as soon as practicable.

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Issue for consideration

Whether the delay of 103 days in preferring the first appeal challenging the judgment and award dated 28.09.2023 passed in Employee's Compensation Case No. 14/2014 should be condoned under Section 5 of the Limitation Act.

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Court's answer

The delay of 103 days in preferring the appeal appears to be bonafide, arising from internal transmission of the certified copy of the impugned judgment and award within APDCL (sent to the Deputy General Manager Law; forwarded by the Assistant General Manager (Law) to the learned Standing Counsel on 30.11.2023, whose opinion to file the appeal was furnished on 14.12.2023).

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Ratio / Principle

The delay of 103 days in preferring the appeal has been sufficiently explained and stands condoned.

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Key takeaways

In view of the condonation order in I.A.(Civil) No. 1360/2024, the Registry is directed to register the appeal and list it before the Court as soon as practicable.ratio¶28

Detailed headnote1 paragraphs

Gauhati High Court — I.A.(Civil)/1360/2024 (decided 14.07.2025, Justice Robin Phukan). Application under Section 5 of the Limitation Act by the Assam Power Distribution Company Limited and two of its officers for condonation of a delay of 103 days in preferring a first appeal against the judgment and award dated 28.09.2023 passed by the Learned Commissioner, Employee's Compensation, Golaghat in Employee's Compensation Case No. 14/2014, whereby the applicant was directed to pay Rs. 8,36,920/- as compensation with interest @ 12% per annum upon the principal, with liberty to recover the awarded amount from opposite party No.2. Tracing the delay to internal handling of the certified copy within APDCL and the Standing Counsel's opinion of 14.12.2023, the Court held the delay bonafide and sufficiently explained, condoned it, and directed the Registry to register the appeal and list it before the Court. None appeared for the respondents on call despite dasti service of notice; no advocate is listed for the respondents.

Page No.# 1/3

GAHC010047602024

2025:GAU-AS:8973

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

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Case No. : I.A.(Civil)/1360/2024

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THE ASSAM POWER DISTRIBUTION COMPANY LIMITED AND 2 ORS. (IN SHORT APDCL), A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1957, HAVING ITS OFFICE AT BIJULEE BHAWAN, PALTAN BAZAR, GUWAHATI- 01, DIST.- KAMRUP (M), ASSAM. REP. BY THE MANAGING DIRECTOR, APDCL.

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2: THE ASSISTANT GENERAL MANAGER GOLAGHAT ELECTRICAL DIVISION APDCL GOLAGHAT DIST.- GOLAGHAT ASSAM.

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3: THE DEPUTY MANAGER DERGAON ELECTRICAL CIRCLE APDCL DERGAON GOLAGHAT DIST.- GOLAGHAT ASSAM

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VERSUS

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JUNMONI GOGOI AND ANR. W/O LATE POBITRA GOGOI, R/O NA-POMUA GAON, PIN- 785614, P.O.- MOHIMA, P.S.- DERGAON, DIST.GOLAGHAT, ASSAM.

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2:UPENDRA NATH BORA S/O LATE GOLAP BORA

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R/O RONGDHALI GAON P.S.- DERGAON DIST.- GOLAGHAT

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Page No.# 2/3

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ASSAM

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Advocate for the Petitioner : MR. P N GOSWAMI, MR. R BORA,MR. K P PATHAK

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Advocate for the Respondent : ,

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BEFORE

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HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 14.07.2025

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Heard Mr. R. Bora, learned counsel for the applicants. None appears for the respondent on call. Though notice upon the respondent Nos. 1 & 2 were served by dasti mode and affidavit has also been filed to that effect.

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Mr. Bora, learned counsel for the applicants submits that this application under Section 5 of the Limitation Act, is preferred for condonation of delay of 103 days in preferring first appeal challenging the judgment and award dated 28.09.2023, passed by the Learned Commissioner, Employee’s Compensation, Golaghat in Employee’s Compensation Case No. 14/2014, whereby the applicant herein was directed to pay a sum of Rs. 8,36,920/- (Rupees Eight Lakhs Thirty Six Thousand nine Hundred Twenty) being the compensation with interest @ 12% per annum, upon the principal amount, from the date of filing of the claim petition, till the date of realisation and also granted liberty to the applicant to recover the awarded amount from the opposite party No.2.

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Mr. Bora, learned counsel for the applicants submits that though the judgment and award was passed on 20.09.2023, the appeal could not be preferred in time and the cause of delay has been explained in paragraph No.3, of the application and that the delay is not intentional rather it is circumstantial and under such circumstances, Mr. Bora, has contended to allow this

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Page No.# 3/3

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application.

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Having heard the submission of Mr. Bora, learned counsel for the applicants, I have carefully gone through the application and the documents placed on record and also perused the statement and averment made in the paragraph No.3, of the application. It appears that though the judgment and award was passed on 20.09.2023, the appeal ought to have been filed on 20.11.2023. But, after obtaining the certified copy of the impugned judgment and award, the same was sent to the Deputy General Manager Law, APDCL for necessary action. Thereafter, the Assistant General Manager (Law), APDCL on 30.11.2023, sent the aforementioned copy of impugned judgment and award along with a letter to the learned Standing Counsel of APDCL, with a request to file an appeal. Thereafter, the learned Standing Counsel, APDCL, has furnished his opinion on 14.12.2023, to file the appeal and in the meantime, 103 days is elapsed. Thus, the delay appears to be bonafide one.

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Thus taking note of the submissions of Mr. Bora, learned counsel for the applicants and also considering the explanation, so forthcoming, this Court is of the view that the delay of 103 days, in preferring the appeal, has sufficiently been explained and accordingly, the same stands condoned.

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In view of the order passed in I.A.(Civil) No. 1360/2024, now the Registry will proceed to register the appeal and list the same before the Court as soon as practicable.

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JUDGE

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Comparing Assistant

The Assam Power Distribution Company Limited and 2 Ors. v. Junmoni Gogoi and Anr.

Case brief

What is this about?

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The Assam Power Distribution Company Limited and 2 Ors. v. Junmoni Gogoi and Anr.

Case brief

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What the court decided

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