Page No.# 1/2 GAHC010047342024 2025:GAU-AS:9921 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/737/2024 JOHNSON EASTERN POWER REPRESENTED BY ITS PROPRIETOR, PHILIP VANLALMAWIA JOHN, ZUANGTUI INDUSTRIAL ESTATE, ZUANGTUI, AIZAWL, MIZORAM VERSUS THE ENGINEER IN CHIEF, PHE DEPTT. PUBLIC HEALTH ENGINEERING DEPTT MIZORAM Advocate for the Petitioner : MR ARNAB BISWAS, MR R KALITA Advocate for the Respondent : GA, MIZORAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 01.08.2025 1. Heard Mr. A. Biswas, learned counsel for the applicant. Also heard Mr. A. Das, learned counsel for the respondent. 2. This application has been filed under Section 5 of the Limitation Act, 1963, praying for condonation of 126 days of delay in filing the restoration petition seeking Page No.# 2/2 restoration of I.A.(Civil) No.2008/2023, in Arbitration Appeal bearing filing No.8603/2023. 3. The Arbitration Appeal was initially filed in the Aizawl Permanent Bench, later on, at the behest of the application, the Hon’ble Chief Justice directed to transfer of the said Arbitration Appeal to the Principal Seat. The learned counsel for the applicant submits that he did not know when the Arbitration Appeal actually came to the Principal Bench, therefore he could not appear in the appeal on several dates and as a result, the Arbitration Appeal was dismissed, he filed the restoration petition supported by the present petitioner under Section 5 of the Limitation Act. 4. I have considered the submissions made by learned counsel for both sides. 5. This Court is of the opinion that under the given circumstances, the delay has been satisfactorily explained and, therefore, the delay stands condoned. 6. The connected restoration Petition shall be registered and listed for admission hearing. 7. The I.A. stands disposed of. JUDGE Comparing Assistant