Page No.# 1/3 GAHC010047602024 2025:GAU-AS:8973 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1360/2024 THE ASSAM POWER DISTRIBUTION COMPANY LIMITED AND 2 ORS. (IN SHORT APDCL), A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1957, HAVING ITS OFFICE AT BIJULEE BHAWAN, PALTAN BAZAR, GUWAHATI- 01, DIST.- KAMRUP (M), ASSAM. REP. BY THE MANAGING DIRECTOR, APDCL. 2: THE ASSISTANT GENERAL MANAGER GOLAGHAT ELECTRICAL DIVISION APDCL GOLAGHAT DIST.- GOLAGHAT ASSAM. 3: THE DEPUTY MANAGER DERGAON ELECTRICAL CIRCLE APDCL DERGAON GOLAGHAT DIST.- GOLAGHAT ASSAM VERSUS JUNMONI GOGOI AND ANR. W/O LATE POBITRA GOGOI, R/O NA-POMUA GAON, PIN- 785614, P.O.- MOHIMA, P.S.- DERGAON, DIST.- GOLAGHAT, ASSAM. 2:UPENDRA NATH BORA S/O LATE GOLAP BORA R/O RONGDHALI GAON P.S.- DERGAON DIST.- GOLAGHAT Page No.# 2/3 ASSAM Advocate for the Petitioner : MR. P N GOSWAMI, MR. R BORA,MR. K P PATHAK Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 14.07.2025 Heard Mr. R. Bora, learned counsel for the applicants. None appears for the respondent on call. Though notice upon the respondent Nos. 1 & 2 were served by dasti mode and affidavit has also been filed to that effect. 2. Mr. Bora, learned counsel for the applicants submits that this application under Section 5 of the Limitation Act, is preferred for condonation of delay of 103 days in preferring first appeal challenging the judgment and award dated 28.09.2023, passed by the Learned Commissioner, Employee’s Compensation, Golaghat in Employee’s Compensation Case No. 14/2014, whereby the applicant herein was directed to pay a sum of Rs. 8,36,920/- (Rupees Eight Lakhs Thirty Six Thousand nine Hundred Twenty) being the compensation with interest @ 12% per annum, upon the principal amount, from the date of filing of the claim petition, till the date of realisation and also granted liberty to the applicant to recover the awarded amount from the opposite party No.2. 3. Mr. Bora, learned counsel for the applicants submits that though the judgment and award was passed on 20.09.2023, the appeal could not be preferred in time and the cause of delay has been explained in paragraph No.3, of the application and that the delay is not intentional rather it is circumstantial and under such circumstances, Mr. Bora, has contended to allow this Page No.# 3/3 application. 4. Having heard the submission of Mr. Bora, learned counsel for the applicants, I have carefully gone through the application and the documents placed on record and also perused the statement and averment made in the paragraph No.3, of the application. It appears that though the judgment and award was passed on 20.09.2023, the appeal ought to have been filed on 20.11.2023. But, after obtaining the certified copy of the impugned judgment and award, the same was sent to the Deputy General Manager Law, APDCL for necessary action. Thereafter, the Assistant General Manager (Law), APDCL on 30.11.2023, sent the aforementioned copy of impugned judgment and award along with a letter to the learned Standing Counsel of APDCL, with a request to file an appeal. Thereafter, the learned Standing Counsel, APDCL, has furnished his opinion on 14.12.2023, to file the appeal and in the meantime, 103 days is elapsed. Thus, the delay appears to be bonafide one. 5. Thus taking note of the submissions of Mr. Bora, learned counsel for the applicants and also considering the explanation, so forthcoming, this Court is of the view that the delay of 103 days, in preferring the appeal, has sufficiently been explained and accordingly, the same stands condoned. 6. In view of the order passed in I.A.(Civil) No. 1360/2024, now the Registry will proceed to register the appeal and list the same before the Court as soon as practicable. JUDGE Comparing Assistant