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2025 DAILYLAW 20415 (GAU)

THE MANAGING DIRECTOR, NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. AND 4 ORS. v. M/S SIMPLEX INFRASTRUCTURES LIMITED AND 2 ORS.

I.A.(Civil)/3374/2024 · 2025-06-26

Robin Phukan

body2025

Judgment text

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Page No.# 1/3 GAHC010231422024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3374/2024 THE MANAGING DIRECTOR, NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. AND 4 ORS. (UNDER MINISTRY OF SHIPPING, ROAD, TRANSPORT AND HIGHWAYS), GOVT. OF INDIA, 3RD FLOOR, PTI BUILDING, 4-PARLIAMENT STREET, NEW DELHI-110009 2: THE DIRECTOR (TECHNICAL) NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (UNDER MINISTRY OF SHIPPING ROAD TRANSPORT AND HIGHWAYS) GOVT. OF INDIA 3RD FLOOR PTI BUILDING 4-PARLIAMENT STREET NEW DELHI-110009 3: THE GENERAL MANAHGER (PROJECS) PMU-DHUBRI NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED NEAR DHUBRI-PHULBARI BRIDGE ADABARI PART-2 P.O.-CHAGOLCHARA DHUBRI ASSAM-783324 4: THE EXECUTIVE DIRECTOR (P) NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. 2ND FLOOR AGNISHANTI BUSINESS PARK OPP AGP OFFICE Page No.# 2/3 GNB ROAD AMBARI GUWAHATI-781001 5: DEPUTY GENERAL MANAGER (P) GUWAHATI NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. 2ND FLOOR AGNISHANTI BUSINESS PARK OPP. AGP OFFICE GNB ROAD AMBARI GUWAHATI-78100 VERSUS M/S SIMPLEX INFRASTRUCTURES LIMITED AND 2 ORS. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT SIMPLEX HOUSE, 27, SHAKESPEARE SARANI, KOLKATA-700017. REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE SMT. DEEPTARA DUTTA, D/O LATE N.C. DUTTA, R/O NIRUPAMA NIWAS PHAGUNA RABHA PATH, NEAR CENTRAL BANK, KAHILIPARA ROAD, ASSAM-SACHIVALAYA, KAMRUP (M), ASSAM-781006 Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV, MR K J SAIKIA,MS M NIROLA Advocate for the Respondent : MS. S. TODI, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 27.06.2025 Heard Mr. P.J. Saikia, learned Senior counsel assisted by Ms. M. Nirola, learned counsel for the applicants and also heard Ms. S. Agarwal, learned counsel for the respondents/opposite parties. This interlocutory application under Section 5 of the Limitation Act, 1963 is Page No.# 3/3 preferred by the applicants for condonation of delay of 4 days in preferring the connected arbitration appeal before this Court. Mr. Saikia, learned Senior counsel for the applicants submits that the engaged counsel of the applicants committed some mistake in calculating the period of limitation and as such, the appeal could not be filed in time and the delay is not intentional and therefore, it is contended to allow this application. Ms. Agarwal, learned counsel for the respondents/opposite parties submits that she has no objection. Taking note of the submission of learned counsel for both the parties and also considering the explanation forthcoming for the delay, this Court is of the view that the same stands sufficiently explained and accordingly, the delay of 4 days in preferring the connected appeal stands condoned. Now, Registry is to register and number the appeal and list the same before the Court as soon as practicable. In terms of above, the I.A. stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE