JOHNSON EASTERN POWER v. THE ENGINEER IN CHIEF, PHE DEPTT.
I.A.(Civil)/2008/2023 · 2026-01-29
Mridul Kumar Kalita
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1570 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1570 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010160372023
2026:GAU-AS:1184- DB
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2008/2023 JOHNSON EASTERN POWER REPRESENTED BY ITS PROPRIETOR, PHILIP VANLALMAWIA JOHN, ZUANGTUI INDUSTRIAL ESTATE, ZUANGTUI, AIZAWL, MIZORAM VERSUS THE ENGINEER IN CHIEF, PHE DEPTT.
GOVT. OF MIZORAM, KHATLA, AIZAWL, MIZORAM Advocate for the Petitioner : MR. A R MALHOTRA, MR R KALITA Advocate for the Respondent : ADDL. A.G., MIZORAM, MR. A DAS In Arb.A. Case No. 8603/2023 With Arb.A. Case No. 8603/2023 (Filing Number)
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER
Page No.# 2/3 30.01.2026 [1] Heard Mr. A. Biswas, the learned counsel for the applicant/appellant. Also heard Mr. S. Chandra, the learned counsel for the respondent. [2] This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant for condoning the delay of 5 days in preferring the connected appeal whereby, the applicant has impugned the order dated 30.11.2021, passed by the learned Additional District & Sessions Judge No. II, Aizawl Judicial District, Aizawl in Arbitration Petition No. 01/2020. [3] The learned counsel for the applicant/appellant has submitted that the applicant/appellant has explained the reasons for approaching this court in filing the connected appeal beyond the prescribed period of limitation in Paragraph Nos. 3 to 6 of the instant revision petition. He submits that considering the fact that only 5 days of delay has been caused in preferring the connected appeal as well as considering the reasons shown by the applicant/appellant, the delay may be condoned. [4] The learned counsel for the respondent, on the other hand, has submitted that though considering the short period of 5 days delay is not opposing. I have considered the submissions made by the learned counsel for both sides.
Page No.# 3/3 [5] Considering the reasons shown by the applicant/appellant in paragraph Nos. 3 to 7 of the instant interlocutory application as well as considering the fact that the delay is of a very short period of 5 days only, the said delay is hereby condoned. [6] This interlocutory application is, accordingly, allowed. [7] The Registry is directed to register the connected arbitration appeal and list the same for admission on 13th February, 2026. [8] This interlocutory application is accordingly disposed of.
JUDGE Comparing Assistant