GUWAHATI, India, May 19 -- Gauhati High Court issued the following order on April 18:
Heard Ms. P. Phukan, learned counsel appearing on behalf of Mr. P.J. Barman, learned counsel for the applicant. Also heard Ms. P.P. Bordoloi, learned counsel for the respondent.
note dated 19.03.2025 reflects that the notice upon the respondent no.1 by registered post with A/D has been received bearing the signature of addressee after served with.
In view of above, the notice upon the respondent no.1 is deemed to be complete. However, no one appears for the respondent no.1.
This is an application under Section 5 of the Limitation Act for condoning the delay of 52 days in preferring the connected appeal against the judgment and order dated 19.01.2023, passed by the Commissioner for the Employees Compensation Cum Assistant Labour Commissioner, Nagaon in NEC(WC) Case No. 107 of 2009 awarding a sum of Rs. 1,91,424/-. The grounds of delay in preferring the appeal have been stated in para nos. 3 and 4 of the petition. On perusal of the grounds stated in the above paragraphs, this Court is satisfied that the applicant was prevented from sufficient cause for not preferring the connected appeal within the stipulated time. Moreover, the respondent/opposite party No.2 has no objection for condonation of delay of 52 days.
Since the respondent no.1 despite of receipt of notice failed to appear, it is presumed that the respondent no.1 has also no objection to the condonation of delay of 52 days in preferring the connected appeal.
In view of above, the delay of 52 days in preferring the connected appeal is condoned
With the above observation, the application stands allowed and disposed of.
Accordingly, the Registry is directed to register the appeal and list for admission.
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