Page No.# 1/3 GAHC010206982025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3625/2025 MS GAYAN STEEL FABRICATION REPRESENTED BY ITS PROPRIETOR SRI NITUL GAYAN, S/O LATE BANAMALI GAYAN, RESIDENT OF VILLAGE - MURHANI, PO CHALCHALI PURANIGUDAM, PS SAMAGURI, DIST -NAGAON, ASSAM 782141. 2: SRI NITUL GAYAN SON OF LATE BANAMALI GAYAN RESIDENT OF VILLAGE - MURHANI PO CHALCHALI PURANIGUDAM PS SAMAGURI DISTNAGAON ASSAM 78214 VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER OF INDUSTRIES AND COMMERCE, ASSAM UDYOG BHAWAN, BAMUNIMAIDAM, GUWAHATI - 781021. 2:THE COMMISSIONER OF INDUSTRIES AND COMMERCE ASSAM UDYOG BHAWAN BAMUNIMAIDAM GUWAHATI -781021. 3:THE GENERAL MANAGER DISTRICT INDUSTRIES AND COMMERCE CENTRE NAGAON ASSAM Advocate for the Petitioner : MS. G BORAH, MS M DEKA Advocate for the Respondent : GA, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 20.04.2026 Heard Ms. M. Deka, learned counsel for the applicant, who by means of this application has prayed for condonation of delay of 25 days in filing the application for restoration of the writ petition WP(C)/2302/2021. It has been submitted by the learned counsel that due to change of counsel by the petitioner, there was some confusion and on the date when the writ petition was listed namely, 15.07.2025, there was no representation leading to dismissal of the writ petition on default. Ms. Deka, the learned counsel has submitted that there was no negligence or laches on the part of the petitioner and the dismissal for default was for factors beyond the control of the petitioner. She has also submitted that immediately on coming to know about such dismissal, the instant petition has been filed in which a delay of 25 days has occurred. Shri J. Handique, learned State Counsel has submitted that he would not have serious objection to the aspect of condonation of delay and subsequent restoration of the writ petition. He has however submitted that he would rather object on the merits of the writ petition. An application for delay condonation is to be considered in a justice oriented and pragmatic manner and technicalities should not defeat the interest of justice. Considering the above and also on perusal of the reasons assigned, Page No.# 3/3 including the period of delay which is not huge in the instant case, the present application stands allowed. The delay of 25 days in filing the connected Misc Case 52/2025 is hereby condoned. JUDGE Comparing Assistant