Sanjay Kumar Jain and Ano. vs Tenzing wangyal Bhutia

Court No.2 HIGH COURT OF SIKKIM Record of Proceedings I.A.

No.01 of 2025 in RFA/45/2025/(Filing No.) SANJAY KUMAR JAIN APPLICANT VERSUS TENZING WANGYAL BHUTIA RESPONDENT Date: 09.09.2025 CORAM :THE HON’BLE MRS.

JUSTICE MEENAKSHI MADAN RAI, JUDGE For Applicant For Respondent Mr.

Safal Sharma, Advocate.

Mr.

N.

Rai, Senior Advocate (Legal Aid Counsel).

Ms.

Tara Devi Chettri, Advocate.

ORDER Learned Senior Counsel enters appearance for the Respondent assisted by Learned Counsel Ms.

Tara Devi Chettri.

Heard on I.A.

No.01 of 2025, which is an application under Section 5 of the Limitation Act, 1963, filed by the Applicant/Appellant, seeking condonation of 146 days’ delay in filing the instant Appeal.

Learned Counsel for the Applicant submits that he reiterates the grounds put forth in the Petition whereof the delay having been sufficiently explained and may accordingly be condoned.

Learned Senior Counsel for the Respondent concedes that the delay has been sufficiently explained and he has no objection to the prayer for condonation of 146 days’ delay in filing the Appeal.

Having heard Learned Counsel for the parties, perused the averments in the I.A.

After consideration of the verbal submissions and the averments put forth in the I.A., I am of the considered view that the delay of 146 days’ in filing the Appeal has been sufficiently explained.

Delay stands condoned accordingly.

I.A.

No.01 of 2025 disposed of.

Register the Appeal.

List on 21-11-2025, as found convenient by the parties.

Judge 09.09.2025 ds/sdl