LAWS(SIK)-2024-10-5

SANGAY DOMA BHUTIA Vs. YAMA ENTERPRISES PRIVATE LIMITED

Decided On October 22, 2024
Sangay Doma Bhutia Appellant
V/S
Yama Enterprises Private Limited Respondents

JUDGEMENT

(1.) I.A. No.01 of 2024 is an application filed by the Applicants under Sec. 5 of the Limitation Act, 1963, seeking condonation of 278 days' delay in filing the Civil Revision Petition. The grounds for the delay have been enumerated therein.

(2.) During the course of hearing Learned Counsel for all parties, Learned Senior Counsel for the Respondent No.1 pointed out that in Paragraph 3 of the I.A. erroneous statements emanate pertaining to the date of filing of the Writ Petition under Article 227 of the Constitution of India as it is averred therein that the date of filing was 21/11/2023 when the actual date of filing as per the records is shown as 26/3/2024.

(3.) This matter has however been clarified in the open Court from the records of the Registry of this Court which indicates that the original date of filing of the Petition indeed took place on 21/11/2023, defects in the Petition were pointed out by the Registry which were ultimately rectified and filed before the Registry on 26/3/2024. The delay in filing the rectified Petition was put to the notice of the Registry and the concerned official had condoned the delay.