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2026 DAILYLAW 647 (GAU)

BHUPANANDA RAY BARUAH v. MD JIYAUR PASA AND 4 ORS

I.A.(Civil)/4066/2025 · 2026-04-07

Arun Dev Choudhury

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010267522025 2026:GAU-AS:5278- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4066/2025 BHUPANANDA RAY BARUAH S/O DEBANANDA RAYBARUAHR/O BALI KORIA, NALBARI, DISTRICT NALBARI, ASSAM 781341. VERSUS MD JIYAUR PASA AND 4 ORS S/O LATE SALIM PASA, R/O WARD NO. 8, NALBARI TOWN, P.O. AND P.S. - NALBARI, DISTRICT - NALBARI, ASSAM - 781335. 2:THE ASSAM FINANCIAL CORPORATION INCORPORATED UNDER THE STATE FINANCIAL ACT 1951 REPRESENTED BY ITS MANAGING DIRECTOR AND HAVING ITS HEAD OFFICE AT VITTIYA BHAWAN MD. SHAH ROAD PALTANBAZAR GUWAHATI ASSAM 781008. 3:THE MANAGING DIRECTOR ASSAM FINANCIAL CORPORATION VITTIYA BHAWAN MD. SHAH ROAD PALTANBAZAR GUWAHATI ASSAM 781008. 4:THE DEPUTY GENERAL MANAGER (P AND A) ASSAM FINANCIAL CORPORATION VITTIYA BHAWAN MD. SHAH ROAD Page No.# 2/3 PALTANBAZAR GUWAHATI ASSAM 781008. 5:THE BRANCH MANAGER ASSAM FINANCIAL CORPORATION NALBARI BRANCH DISTRICT NALBARI ASSAM 781335 Advocate for the Petitioner : MR B D DAS, MR. S C BISWAS,MRS R DEKA,MR D KALITA Advocate for the Respondent : MD S HOQUE, FOR CAVEATOR, MR. A RAHMAN R-1,MR. J K GOSWAMI (R-2 TO 5) For the Applicant/Appellant(s) : Mr. B.D. Das, Senior Advocate, assisted by Mr. H.R. Das, Advocate. For the Respondent(s) : Mr. S. Hoque, Advocate for respondent No.1. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 08.04.2026 (Ashutosh Kumar, CJ) This interlocutory application has been filed by the applicant/appellant seeking condonation of delay of 449 days in preferring the connected appeal against the order dated 07.08.2024 passed by a learned Single Judge of this Court in WP(C) No.1169/2022 and order dated 03.09.2025 passed in Review Petition No.10/2025. We have heard Mr. B.D. Das, learned Senior Advocate, assisted by Page No.# 3/3 Mr. H.R. Das, learned Advocate for the applicant/appellant and Mr. S. Hoque, learned Advocate for the respondent No.1. The applicant has sufficiently explained the reasons for the delay and has substantiated that, for reasons beyond his control, he was deflected from approaching the Court promptly and within the prescribed period of limitation. We do not see any negligence, lack of bona fide, or inaction on the part of the applicant. After going through the averments made in the application, we are satisfied that good grounds have been assigned by the applicant/appellant for condoning the delay of 449 days in preferring the connected appeal. We, therefore, condone the delay. The Interlocutory Application stands disposed off. The Registry to process the appeal and, if found defect free, list the same on 20.07.2026 under the appropriate heading. JUDGE CHIEF JUSTICE Comparing Assistant