Md. Abdush Samad v. The State of Assam and 7 Ors

ORDER 04-12-2024 Heard Mr. J. Kalita, learned counsel for the applicant, who submits that by filing this application the applicant seeks condonation of delay of 605 days in filing the connected restoration application to restore WP(C)/4867/2015 to file which was dismissed for non-prosecution on 19.02.2020. Drawing the attention of this Court to the statements made in the application, the learned counsel submits that it was due to communication gap with the earlier appointed counsel that the applicant was unaware about the dismissal of his case for non-prosecution. He submits that unless the delay is condoned the applicant is bound to suffer irreparable loss and hardship. Shri G. Bordoloi, learned counsel appearing for the Cooperation Department submits that although the application appears to be not satisfactory in the expression given but under the facts and circumstances, Court may consider Page No.# 3/3 and pass appropriate order(s). Considering the submissions made by the learned counsel for the parties and on perusal of the application, Court is inclined to condone the delay in filing the connected restoration application. Accordingly, the delay of 605 days filing the connected restoration application stands condoned. IA stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010002722024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/409/2024o oooooooooooooooooInoWP(C)/4867/2015 MD.oABDUSHoSAMADo S/O.oLT.oNASIRUDDINoAHMED,oR/O.oVILL.-oRAJNAGAR,oWARDoNO.o11,oP.O.- NALBARIoKAJIPARA,oDIST.-oNALBARI,oPIN-781335. VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoandoSECRETARY,oCO-OPERATIVEo DEPARTMENT,oDISPUR,oGHY-781006. 2:REGISTRAR oCO-OPERATIVEoSOCIETIESoSAMABAYoBHAWAN oKHANAPARAoHEADoOFFICE oGHY-781006. 2.1:ADDL.oREGISTRARoOFoTHEoCOOPERATIVEoSOCIETIESo(GENERAL) oASSAM oKHANAPARA oGUWAHATI-781022 3:DIST.oDYoREGISTRAR oCO-OPERATIVEoSOCIETIES oNALBARI oGOPALoBAZAR oNALBARI. 4:ASSTT.oREGISTRAR oCO-OPERATIVEoSOCIETIES oNALBARI oNEARoHAJOoBUSoSTAND. Page No.# 2/3 5:THE SUB-REGISTRAR CO-OPERATIVE SOCIETIES AUDIT NALBARI CUM ASSTT. PUBLIC INFORMATION OFFICER NALBARI GOPAL BAZAR NALBARI ASSAM. 6:DIST. LEVEL COMMITTEE NALBARI REP. BY THE DY. COMMISSIONER NALBARI. 7:THE DY. COMMISSIONER NALBARI Advocate for the Petitioner : MR. J KALITA, Advocate for the Respondent : SC, CO OP, BEFORE HONOURABLE MR. JUSTICE NELSON SAILO