Page No.# 1/4 GAHC010094662024 2025:GAU-AS:7902 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1630/2024 M/S HORIZON MARKETING AND ANR A PROPRIETORSHIP FIRM HAVING ITS OFFICE AND PRINCIPAL PLACE OF BUSINESS AT SUNDARPUR, R.G. BARUAH ROAD, GUWAHATI-05, REPRESENTED BY ITS PROPRIETOR SHRI ASHOK AGARWAL. 2: ASHOK AGARWAL S/O- LATE ISHWARIAL AGARWAL PROPRIETOR OF PETITIONER NO. 1 R/O- SUNDARPUR R.G. BARUAH ROAD GUWAHATI-05 VERSUS M/S BRIGHT CONSTRUCTION CORPORATION AND 3 ORS A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AND PRINCIPAL PLACE OF BUSINESS AT NO. 340, MOOKAMBIKA, 10TH B MAIN ROAD, 1ST A CROSS, 3RD STAGE, 4TH BLOCK, BASAVESWARA NAGAR, BANGALORE- 560079 AND ALSO AT HOUSE NO. 36, APRO, COLONY ROAD, B.K. KAKATI ROAD, ULUBARI, GUWAHATI-07 AND ALSO HAVING ITS BRANCH OFFICE AT GAME VILLAGE, GOVT COMPLEX, FLAT NO. 14-A/002, GROUND FLOOR, BELTOLA, GUWAHATI-781029, REPRESENTED BY ITS PARTNERS SHRI RAJIV CHOUDHURY AND SMT. KUNJA LATA CHOUDHURY. 2:RAJIV CHOUDHURY S/O- LATE SUNIL CHOUDHURY R/O- NO. 340 MOOKAMBIKA 10TH B MAIN ROAD 1ST A CROSS Page No.# 2/4 3RD STAGE 4TH BLOCK BASAVESWARA NAGAR BANGALORE-560079 AND ALSO AT HOUSE NO. 36 APRO COLONY ROAD B.K. KAKATI ROAD ULUBARI GUWAHATI-07 AND ALSO HAVING ITS BRANCH OFFICE AT GAME VILLAGE GOVT COMPLEX FLAT NO. 14-A/002 GROUND FLOOR BELTOLA GUWAHATI-781029 3:ON THE DEATH OF SUNIL CHOUDHURY HIS DAUGHTER SMTI. SONALI CHOUDHURY R/O- GAME VILLAGE GOVT COMPLEX FLAT NO. 14-A/002 GROUND FLOOR BELTOLA GUWAHATI-781029 4:SMTI. KUNJA LATA CHOUDHURY W/O- LATE SUNIL CHOUDHURY R/O- GAME VILLAGE GOVT COMPLEX FLAT NO. 14-A/002 GROUND FLOOR BELTOLA GUWAHATI-78102 Advocate for the Petitioner : MR. S P ROY, JYOTISH DAS,MS. V RAI Advocate for the Respondent : S A BAKHTIAR (R-1 to 4), MR. N ALAM (R-1 to 4) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN Page No.# 3/4 ORDER Date : 16.06.2025 Heard Ms. V. Rai, learned counsel for the applicants and also heard Mr. S. A. Bakhtiar, learned counsel respondents/opposite parties for the respondent Nos. 1 to 4. 2. This interlocutory application under Section 5 of the Limitation Act, 1963, is preferred by the applicant for condonation of delay of 103 days, in filing of connected Civil Revision Petition against the order dated 13.10.2023, passed in M.S. No. 160/2017, passed by the learned Civil Judge, (Sr. Division) No.3, Kamrup (M), Guwahati, by which the money suit of the petitioners/plaintiffs was dismissed. 3. The learned counsel for the applicants submits that the appeal could not be filed in time as the applicant No.2, was suffering from liver cirrhosis and he had previously undergone Gall Bladder Tumour removal operation 28.01.2020, and that the delay was not intentional rather, it was circumstantial and the same has been explained in paragraph No.7 of the application and therefore, it is contended to allow this application. 4. Mr. Bakhtiar, submits that he has no objection in the event of condoning the aforementioned delay. 5. Taking note of the submission of the learned counsel for both the parties and also considering the explanation, so forthcoming for delay, which is being explained in paragraph No.7, and also considering the medical documents enclosed with the petition, this Court is of the view that the delay has been explained sufficiently and accordingly, same stands condoned. 6. In terms of above this I.A. stands closed. 7. Now, the Registry is to register and number the connected civil revision Page No.# 4/4 petition and list the same before the Court as soon as practicable. JUDGE Comparing Assistant