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2018 Supreme(Megh) 38

TARUN AGARWALA, S.R.SEN
Manish Bhattacharjee – Appellant
Versus
State Bank of India – Respondent


Advocates Appeared:
For the Petitioner:Shri. S. Chakrawarty, Sr. Adv. with Ms. M. Mahanta, Advocate
For the Respondents:Shri. K. Khan, Advocate

ORDER :

Tarun Agarwala, J.

We have heard Shri S. Chakrawarty, learned senior counsel assisted by Ms. M. Mahanta, learned counsel for the appellant and Shri K Khan, learned counsel for the opposite parties.

2. The present intra-court appeal has been filed under the Rules of the High Court against the judgment dated 08.03.2013 passed by the Shillong Bench of the Gauhati High Court by which the petition of the writ petitioner questioning his termination order was dismissed.

3. An intra-court appeal is required to be filed within thirty days under the Rules of the Court. The Stamp Reporter made a note that there was a delay of 1108 days in filing the appeal. In addition to the aforesaid, an objection was also raised with regard to the maintainability of the appeal in the light of Section 28-I of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act 2012 (hereinafter referred to as the Act of 2012) by which an intra-court appeal can only be filed in the common High Court, namely, Gauhati High Court.

4. In so far as the delay is concerned, an explanation has been given in paragraph 2 of the affidavit accompanying the application filed under Section 5 of the Limitatio

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