Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 17371 (GAU)

UNION OF INDIA v. ON THE DEATH OF KALYAN CHAKRABORTY HIS LEGAL HEIRS KANTI PRABHA CHAKRABORTY AND ORS

I.A.(Civil)/607/2025 · 2025-05-04

Budi Habung

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010176432024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/607/2025 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON, GUWAHATI-11, ASSAM VERSUS ON THE DEATH OF KALYAN CHAKRABORTY HIS LEGAL HEIRS KANTI PRABHA CHAKRABORTY AND ORS WO LATE KALYAN CHAKRABORTY, R/O LANKA TOWN, WARD NO. 05, P.O. AND P.S. LANKA, DISTRICT HOJAI, ASSAM 2:KAMAL CHAKRABORTY S/O LATE KALYAN CHAKRABORTY R/O LANKA TOWN WARD NO. 05 P.O. AND P.S. LANKA DISTRICT HOJAI ASSAM 3:KARUNAMAYEE CHAKRABORTY S/O LATE KALYAN CHAKRABORTY R/O LANKA TOWN WARD NO. 05 P.O. AND P.S. LANKA DISTRICT HOJAI ASSAM 4:KANIKA BHATTACHARYA D/O LATE KALYAN CHAKRABORTY R/O LANKA TOWN Page No.# 2/3 WARD NO. 05 P.O. AND P.S. LANKA DISTRICT HOJAI ASSAM 5:ETI MOITRA D/O LATE KALYAN CHAKRABORTY R/O LANKA TOWN WARD NO. 05 P.O. AND P.S. LANKA DISTRICT HOJAI ASSA Advocate for the Petitioner : GAUTAM GOSWAMI, Advocate for the Respondent : , Linked Case : MFA/83/2012 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI-11 ASSAM VERSUS KALYAN CHAKRABORTY S/O SRI KUMUD CHAKRABORTY VILL. PASBARI P.S. DIPHU DIST. KARIANGLONG ASSAM. ------------ Advocate for : MRS. M PHUKAN Advocate for : MR.H K GOGOI appearing for KALYAN CHAKRABORTY Page No.# 3/3 BEFORE HON’BLE MR. JUSTICE BUDI HABUNG 05/05/2025 Heard Mr. G Goswami, learned counsel for the applicant. Also heard Mr. M H Laskar, learned counsel appearing on behalf of all the respondents. This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 2082 days in filing the connected I.A. (Civil) No. 2621/2024 for substitution of legal heirs of the sole respondent in MFA No. 83/2012. The ground for delay in filing the connected application has been explained in paragraphs-3 & 4 of the application. Having heard the learned counsels for the parties and on perusal of the averments made in paragraphs-3 & 4 of this application seeking condonation of delay of 2082 days, this Court is of the opinion that the applicant was prevented by sufficient cause in not preferring the connected appeal within the stipulated time. Mr. Laskar, learned counsel appearing on behalf of all the respondents has no objection in condoning the delay. In view of the above, the delay of 2082 days in preferring the connected application is hereby condoned. With the above, this I.A. stands disposed of. JUDGE Comparing Assistant