Page No.# 1/6 GAHC010144702025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2582/2025 ABDUL BASIT R/O VILL. SOROPUR, P.O. BHANGABAZAR, P.S. BADARPUR, DIST. SONITPUR, ASSAM, PIN 788710 VERSUS PROSENJIT DEY LASKAR AND 15 OTHERS S/O LATE BIKASH DEY LASKAR, R/O SHAMBU SAGAR ROAD, P.O., P.S. AND DIST. SRIBHUMI, ASSAM, PIN 788710 2:SREE GANESH FILING STATIO AUTHORISED PETROL PUMP UNDER M/S ESSAR OIL LTD. SITUATED AT PATEL NAGAR P.S. AND DIST. SRIBHUMI REPRESENTED BY SRI PROSENJIT DEY LASKAR R/O SAHMBU SAGAR ROAD P.O. P.S. AND DIST. SRIBHUMI ASSAM PIN 788710 3:GAUTAM SAHA S/O SRI SAILENDRA CH. SAHA SRINAGAR COLONY WARD NO. 15 SUBASHNAGAR ROAD KARIMGAJ TOWN P.O. P.S. AND DIST. SRIBHUMI ASSAM PIN 788710 Page No.# 2/6 4:THE PUNJAB NATIONAL BANK SRIBHUMI BRANCH REPRESENTED BY THE BRANCH MANAGER OF PUNJAB NATIONAL BANK SRIBHUMI BRANCH OLD STATION ROAD WARD NO. 25 OF SRIBHUMI TOWN P.O. P.S. AND DIST. SRIBHUMI ASSAM PIN 788710 5:M/S ESSAR OIL LTD. IDEAL PLAZA SOUTH BLOCK 4TH FLOOR 11/1 SARAT BOSE ROAD KOLKATA 700020 WEST BENGAL. 6:M/S ESSAR OIL LTD. C/O NYARA ENERGY LTD. SUBHAM REDSTONE 2ND FLOOR NEXT TO PANTALOONS RUKMINIGAON G.S. ROAD GUWAHATI KAMRUP (M) ASSAM PIN 781022 7:THE SUB REGISTRAR SRIBHUMI (SADAR) P.O. P.S. AND DIST. SRIBHUMI ASSAM PIN 788710 8:THE CIRCLE OFFICER SRIBHUMI CIRCLE P.O. P.S. AND DIST. SRIBHUMI ASSAM PIN 788710 9:THE DEPUTY COMMISSIONER SRIBHUMI OFFICE OF THE DEPUTY COMMISSIONER P.O. Page No.# 3/6 P.S. AND DIST. SRIBHUMI ASSAM PIN 788710 10:THE STATE OF ASSAM P.O. P.S. AND DIST. SRIBHUMI ASAM PIN 788710 11:BALMIKI DEB ROY S/O MRINAL KANTI DEB ROY NILMONI ROAD SRIBHUMI P.O. P.S. AND DIST. SRIBHUMI ASSAM PIN 788710 12:RATAN SENGUPTA S/O LATE KHETRA MOHAN SENGUPTA R/O VILL. AND P.O. BADARPURGHAT P.S. BADARPUR DIST. SRIBHUMI ASSAM PIN 788803 13:FAZAL AHMED S/O MAHMAD ALI R/O VILL. SOUTH KANDIGRAM P.O. MALUA P.S. BADARPUR DIST. SRIBHUMI ASSAM PIN 788806 14:NURUL ISLAM S/O LATE SIRAJUL HAQUE VILL. AND P.O. MALUA .P.S. BADARPUR DIST. SRIBHUMI ASSAM PIN 788806 15:ABDUL HAQUE @ SUNA MIA Page No.# 4/6 S/O LAE NAMAR ALI R/O KANISHAIL P.O. P.S. AND DIST. SRIBHUMI ASSAM PIN 788710 16:ABDUL MALIK S/O LATE ABDUL LATIF R/O KANISHAIL P.O. P.S. AND DIST. SRIBHUMI ASSAM PIN 78871 Advocate for the Petitioner : MR. M H RAJBARBHUIYAN, MR G BHARADWAJ,MR B DEORI Advocate for the Respondent : GA, ASSAM, MR. R J DAS(R3),MS D.CHAKRABARTY,MR. D CHAKRABARTY (R-1) Linked Case : ITREF(A)/0/0 ABDUL BASIT SRIBHUMI ASSAM VERSUS PROSENJIT DEY LASKAR AND 15 OTHERS SRIBHUMI ASSAM ------------ Advocate for : MR BHASKAR DEORI Advocate for : appearing for PROSENJIT DEY LASKAR AND 15 OTHERS Page No.# 5/6 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 09.09.2026 1. Heard Mr. M. H. Rajbarbhuiya, the learned counsel for the applicant. Also heard Mr. D. Chakraborty, the learned counsel for the opposite party No. 1 as well as Mr. R. J. Das, the learned counsel for the opposite party No. 3 and Ms. M. Kalita, the learned counsel appearing for opposite party Nos. 7, 8, 9, and 10. 2. On perusal of the office note dated 05.09.2026, it appears that the notice issued to opposite party No. 4 has been duly served on him. 3. However, no one has appeared for opposite party No. 4 before this Court today. Hence, this Interlocutory Application shall proceed ex- parte against the said opposite party. 4. This application under Section 5 of the Limitation Act, 1963 has been preferred by the applicant, Abdul Basit, praying for condonation of delay of 75 days in preferring the connected Regular First Appeal, wherein the judgment and decree dated 20.12.2024 passed in Title Suit No. 9/2022 by the Court of learned Civil Judge (Senior Division) Silchar has been impugned. 5. The learned counsel for the applicant submits that the applicant has stated the reasons for delay in Paragraph No. 3 of the instant Interlocutory Application. He submits that the main reason for which the applicant could not prefer the connected appeal within the prescribed period of limitation is that he was ill and was suffering from hemorrhoids for which he was taking treatment, and as such, the delay has been occasioned. Page No.# 6/6 6. He submits that the applicant has also annexed the medical documents in support of the said contentions. 7. The learned counsel for the opposite parties have not raised any objection regarding condonation of delay in this case. 8. I have considered the submissions made by the learned counsel for both sides and have gone through the materials on record. 9. After going through the grounds stated in the instant Interlocutory Application as well as after going through the supporting medical documents annexed therewith, this Court is of considered opinion that the applicant was prevented by sufficient cause in preferring the connected appeal within the prescribed period of limitation. As such, the delay of 75 days in preferring the connected Regular First Appeal is hereby condoned, and this Interlocutory Application is allowed. 10. The Registry is directed to register the Connected Regular First Appeal and list the same for admission after a week on a date to be fixed by it. 11. The applicant is directed to furnish the copies of Memo of Appeal along with annexures to the learned counsel for all the respondents within three days from the date of this order. JUDGE Comparing Assistant