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2025 DAILYLAW 12960 (GAU)

THE FOOD CORPORATION OF INDIA AND 2 ORS. v. SADHU SAIKIA

I.A.(Civil)/1448/2023 · 2025-05-15

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010127122023 2025:GAU-AS:6109 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : THE FOOD CORPORATION OF INDIA AND 2 ORS. VERSUS SADHU SAIKIA H ------------ Advocate for : MR B K SINGH Advocate for : appearing for SADHU SAIKIA H Linked Case : I.A.(Civil)/1448/2023 THE FOOD CORPORATION OF INDIA AND 2 ORS. REPRESENTED BY ITS GENERAL MANAGER REGIONAL OFFICE ULUBARI GUWAHATI 781008 2: GENERAL MANAGER REGIONAL OFFICE FOOD CORPORATION OF INDIA G.S ROAD ULUBARI GUWAHATI 781007 Page No.# 2/3 3: THE DIVISIONAL MANAGER (THE DISTRICT MANAGER) FOOD CORPORATION OF INDIA DISTRICT OFFICE JORHAT. VERSUS SADHU SAIKIA S/O LATE PRAHLAD SAIKIA RESIDENT OF MACHARHAT J.B ROAD JORHAT ------------ Advocate for : MR B K SINGH Advocate for : appearing for SADHU SAIKIA BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 16.05.2025 1. Heard learned counsel Mr. B. K. Singh for the applicant. 2. This application has been filed under Order XLI Rule 3A of the CPC for condoning the delay of 49 days in preferring the first appeal against the judgment and order dated 29.12.2022, passed by the learned Civil Judge, Jorhat in Money Suit No. 02/2022. 3. Learned counsel Mr. B. P. Sarma is present on behalf of Mr. R. Hazarika, learned counsel for the respondent. 4. Learned counsel for the respondent has accepted the notice on behalf of the respondents. It is submitted that due to the shifting of the Regional Office of FCI and owing to the technical issues relating to shifting of the Office, there was a resultant delay. It is also submitted that the applicants are a unit of PSUs. The Page No.# 3/3 formalities also resulted in the delay. 5. It is also submitted that delay was not intentional and sufficient grounds have also been shown. It is also submitted that the appeal may succeed. 6. I have considered the submissions at the Bar with circumspection. 7. It appears that delay may be condoned. Thereby, delay of 49 days in preferring the connected appeal is condoned. 8. Registry to register the connected appeal. 9. In terms of the above observation, this I.A. stands disposed of. JUDGE Comparing Assistant