Page No.# 1/4 GAHC010082172024 2025:GAU-AS:1689 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1418/2024 GANESH DAS AND ANR. S/O LATE DIJENDRA DAS, R/O MADHABDEVPUR, P.O.- ULUBARI, GUWAHATI- 781007, DIST.- KAMRUP (M), ASSAM. 2: SUMANA DAS W/O DR. GANESH DAS R/O MADHABDEVPUR P.O.- ULUBARI GUWAHATI- 781007 DIST.- KAMRUP (M) ASSAM VERSUS ARYA ELECTORS (INDIA) PRIVATE LIMITED REGISTERED OFFICE AT HOUSE NO. 123, ABHAYAPUR, NORTH GUWAHATI, COLLEGE NAGAR, DIST.- KAMRUP, PIN- 781030, REP. BY ITS MANAGING DIRECTOR. Advocate for the Petitioner : MR. S CHAKRABORTY, MS. M DAS Advocate for the Respondent : , Linked Case : GANESH DAS AND ANR S/O LATE DIJENDRA DAS R/O MADHABDEVPUR Page No.# 2/4 P.O.- ULUBARI GUWAHATI- 781007 DIST.- KAMRUP (M) ASSAM. 2: SUMANA DAS W/O DR. GANESH DAS R/O MADHABDEVPUR P.O.- ULUBARI GUWAHATI- 781007 DIST.- KAMRUP (M) ASSAM. VERSUS ARYA ELECTORS (INDIA) PRIVATE LIMITED REGISTERED OFFICE AT HOUSE NO. 123 ABHAYAPUR NORTH GUWAHATI COLLEGE NAGAR DIST.- KAMRUP PIN- 781030 REP. BY ITS MANAGING DIRECTOR. Advocate for the applicant(s): Mr. S Chakraborty Advocate for the respondent(s): X X B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 17.02.2025 Heard Mr. S Chakraborty, the learned counsel appearing on behalf of the applicant. Page No.# 3/4 2. This is an application filed for condonation of delay of 314 days in preferring the appeal against the judgment and order dated 11.04.2023 passed by the learned Real Estate Appellate Tribunal, Guwahati in REAT/ASSAM/APPEAL No.12/2022. 3. The learned counsel appearing on behalf of the applicant submitted that the appellant had filed the appeal within the period of limitation before this Court, but the same was filed as RSA. However, subsequently, the same was withdrawn and re-filed as RERA Appeal and in that process, there had been a delay of 314 days. 4. This Court had duly taken note of that the service upon the respondents are complete as seen from the office note, however, none had appeared on behalf of the respondents. 5. This Court has also taken note of the causes shown as to why the appellant could not file the appeal within the time as mentioned in paragraphs 3 to 9 of the application. A perusal of the said paragraphs would show that the appellant has been able to make out sufficient cause within the meaning of Section 5 of the Limitation Act, 1963. 6. Accordingly, the delay of 314 days in preferring the accompanying appeal stands condoned. 7. Interlocutory application is allowed. 8. Registry shall list the RERA Appeal before this Court in the next week. JUDGE Page No.# 4/4 Comparing Assistant