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2026 DAILYLAW 1337 (GAU)

UNION OF INDIA AND ANR. v. BISTILLA SAWKMIE AND 8 ORS.

I.A.(Civil)/3775/2022 · 2026-01-20

Mitali Thakuria

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Judgment text

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Page No.# 1/4 GAHC010255692022 2026:GAU-AS:698 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3775/2022 UNION OF INDIA AND ANR. REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF CIVIL AVIATION, RAJIV GANDHI BHAWAN, SAFDARJUNG AIRPORT, NEW DELHI 110003 2: THE DIRECTOR GENERAL OF CIVIL AVIATION AN OFFICE UNDER THE MINISTRY OF CIVIL AVIATION HAVING ITS HEADQUARTER AT OPP. SAFDARJUNG AIRPORT NEW DELHI 110003 AND HAVING ONE OF ITS TEN SUB REGIONAL OFFICES SITUATED AT GUWAHATI REPRESENTED BY ITS DIRECTOR GENERAL VERSUS BISTILLA SAWKMIE AND 8 ORS. W/O LATE SHROLENSON MARBANIANG, RESIDENT OF MAIDAVELLA CELEVE COLONY, SHILLONG 3 2:MRS. DENMARKIS SAWKMIE D/O LATE SHROLENSON MARBANIANG RESIDENT OF MAIDAVELLA CELEVE COLONY SHILLONG 3 3:MRS. RUSSEL SAWKMIE D/O LATE SHROLENSON MARBANIANG RESIDENT OF MAIDAVELLA CELEVE COLONY SHILLONG 3 4:MRS. CANNIE FRACIS SAWKMIE S/O LATE SHROLENSON MARBANIANG RESIDENT OF MAIDAVELLA CELEVE COLONY SHILLONG 3 Page No.# 2/4 5:MR. SUNSHINE SAWKMIE S/O LATE SHROLENSON MARBANIANG RESIDENT OF MAIDAVELLA CELEVE COLONY SHILLONG 3 6:MR. COLLINSTAR SAWKMIE S/O LATE SHROLENSON MARBANIANG RESIDENT OF MAIDAVELLA CELEVE COLONY SHILLONG 3 7:THE AIRPORT AUTHORITY OF INDIA AN AUTHORITY CONSTITUTED UNDER THE PROVISION OF AIRPORT AUTHORITY OF INDIA ACT 1994 AND HAVING ITS HEADQUARTER SITUATED AT RAJIV GANDHI BHAWAN SAFDARJUNG AIRPORT NEW DELHI 110003 AND ONE OF ITS REGIONAL OFFICE SITUATED AT GOPINATH BORDOLOI INTERNATIONAL AIRPORT BORJHAR GUWAHATI REPRESENTED BY ITS CHAIRMAN 8:PAWANHANS LIMITED (ERSTWHILE PAWAN HANS HELICOPTERS LTD. ) A GOVT. COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING HEADQUARTER SITUATED AT SAFDARJUNG AIRPORT NEW DELHI 110003 AND BRANCH OFFICE AT SOS ROAD BORJHAR GUWAHATI ASSAM 781015 REPRESENTED BY SHRI AKSHAT BHARGAVI ASSTT. GENERAL MANAGER (HR AND A).EASTER REGION AT GUWAHATI 9:MEGHALAYA TRANSPORT CORPORATION CORPORATION CONSTITUTED UNDER THE PROVISION OF THE ROAD TRANSPORT ACT 1950 UNDER THE ACTIVE CONTROL OF THE GOVT. OF MEGHALAYA DEPARTMENT OF TRANSPORT SHILLONG HAVING ITS REGISTERED OFFICE AT SAWLAD MADANRYTING SHILLON Advocate for the Petitioner : MR. S K MEDHI, Advocate for the Respondent : MEHDI ALAM (R-1 TO 6), MR. J PAULO (R-9),MS. N BORAH(R- 9),MR S KHOUND(R-9),MS. S PARVEEN (R-1 TO 6) Page No.# 3/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 21-01-2026 Heard Mr. K. K. Medhi, the learned counsel appearing on behalf of Mr. S.K. Medhi, the learned counsel for the applicant/appellant. Also heard Mr. M.S. Hussain appearing on behalf of Ms. S. Parveen, learned counsel for respondent nos. 1 & 2 and Ms. S. Saikia, learned counsel appearing on behalf of Ms. S. Khaund, learned CGC for respondent no. 9. 2. This is an application u/s 5 of the Limitation Act read with Rule 3A of Order XLI of CPC praying for condonation of delay of 815 days in preferring the connected appeal. 3. Mr. Medhi, the learned counsel for the petitioner submitted that there is no intentional laches and negligence on the part of the applicant/appellant but the delay is caused due to the COVID-19 and observing some official formalities the learned counsel could not represent the Union of India which is already explained in para 17 of the application. He further submitted that due to COVID- 19 as well as the change of Assistant Solicitor General of India there was some delay in preferring the connected appeal, which was preferred against the judgment & order dated 17.04.2018 passed in Money Suit No. 79 of 2006 by the learned Civil Judge No. 1, Kamrup (M). 4. Mr. Hussain as well as Ms. Saikia appearing on behalf of respondents have submitted that if the connected appeal is admitted by condoning the delay the respondent has no objection. Page No.# 4/4 5. Considering the submission made by learned counsel for both sides and also considering the grounds mentioned in the petition which is found to be reasonable and justified ground, the delay of 815 days in preferring the connected RFA is hereby condoned. 6. Registry is accordingly directed to number and register the connected appeal and to list list accordingly. 7. With the above observations, the present IA stands disposed of. JUDGE Comparing Assistant