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2025 DAILYLAW 22354 (GAU)

THE ASSAM POWER GENERATION CORPORATION LTD AND 2 ORS v. ACHYUTANANDA BARKAKATI

I.A.(Civil)/94/2025 · 2025-05-18

Kardak Ete

body2025

Judgment text

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Page No.# 1/2 GAHC010277062024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/94/2025 1: THE ASSAM POWER GENERATION CORPORATION LTD AND 2 ORS REPRESENTED BY ITS CHAIRMAN HAVING ITS REGISTERED OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI 01 2: THE MANAGING DIRECTOR ASSAM POWER GENERATION CORPORATION LIMITED BIJULEE BHAWAN PALTAN BAZAR GUWAHATI 01 3: THE GENERAL MANAGER (HR) O/O THE GENERAL MANAGER (GEN) ASSAM POWER GENERAION CORPORATION LTD. BIJULEE BHAWAN PALTAN BAZAR GUWAHATI 0 VERSUS ACHYUTANANDA BARKAKATI S/O LATE BHABANANDA BARKAKATI, RESIDENT OF GHARANA ENCLAVE, HOUSE NO. 175, FLAT NO. 404(A) RAJGARH MAIN ROAD, PO ULUBARI, GUWAHATI, DIST.KAMRUP M ASSAM 781007 For the Applicant(s) : Mr. H.K. Das, Advocate. : Mr. N.K. Sarma, Advocate. For the Respondent(s) : Mr. S. Muktar, Advocate. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KARDAK ETE 19-05-2025 (Vijay Bishnoi, CJ) The matter comes up for consideration of the present interlocutory application filed under Section 5 of the Limitation Act, 1963 for condonation of Page No.# 2/2 delay of 199 days in filing the connected writ appeal. Mr. H.K. Das, learned counsel for the applicants submits that this Court has allowed Writ Appeal No.107/2023 and Writ Appeal No.272/2023, which were filed with identical issue, vide judgment dated 05.08.2024. It is contended that the order impugned in those writ appeals has been reversed. It is further submitted that the learned Single Judge passed the order impugned in the connected writ appeal by relying on the earlier judgment passed by the Coordinate Bench, which has been reversed in the above-referred writ appeals. Mr. S. Muktar, learned counsel appearing for the sole respondent is not in a position to dispute the said submission. In such circumstances when the writ appeals on the similar issue have already been allowed by this Court, we deem it appropriate to condone the delay of 199 days in filing the connected writ appeal. Accordingly, this interlocutory application is allowed. Registry is directed to register the connected writ appeal and list it for admission after 2(two) weeks. Copy of the memo of appeal along with requisite documents be supplied to Mr. Muktar, learned counsel appearing for the sole respondent during the course of the day. JUDGE CHIEF JUSTICE Comparing Assistant