Authority: High Court of Sikkim, Gangtok
Order Date: 01-10-2026
Case Overview
- Parties: ABIR INFRASTRUCTURE PVT. LTD. (Petitioner) vs. SIKKIM URJA LIMITED (formerly TEESTA URJA LIMITED) & ORS. (Respondents).
- Proceedings: Special Leave Petition (Civil) Diary No. 45407/2026 arising from the impugned final judgment and order dated 30-05-2025 in AA No. 1/2024 of the High Court of Sikkim.
- Applications: IA No. 284432/2026 – condonation of delay in filing; IA No. 284435/2026 – condonation of delay in refiling / curing the defects.
- Hearing Date: 01-10-2026.
- Bench: Hon'ble Mr. Justice Sanjay Kumar and Hon'ble Mr. Justice Sanjeev Sachdeva.
- Counsel for Petitioner: Mr. S.S. Ray, Sr. Adv.; Mr. R.S. Sravan Kumar, Adv.; Mr. Vaibhav Gulia, Adv.; Mr. Shankar Kumar Jha, Adv.; Ms. Rakhi Ray, AOR (1329).
- Counel for Respondent: Not listed.
Observations & Reasoning
- The Court noted that Civil Appeal Nos. 8079/2026 and 8080/2026 have already been allowed, and the present petitioner is identically situated as the appellant(s) therein.
- Accordingly, the Court found no substantive prejudice in permitting the petition to proceed despite the procedural delay.
Order
- Delay in refiling is condoned.
- Issue notice on the application for condonation of delay in filing the Special Leave Petition, returnable on 04.12.2026.
- Notice shall be served by all modes, including dasti.
- The order is digitally signed by Deputy Registrar Court Master (NSH), Deepak Guglani, on 2026.10.01 at 17:53:15 IST (Signature Not Verified).
- Signatories: (DEEPAK GUGLANI) and (PREETI SAXENA).
Final Outcome
- The Court formally condoned the delay in refiling the Special Leave Petition.
- Procedural steps are set: notice issuance, service by all modes, and a return date of 4 December 2026 for the petitioner's response.
Topics: Special Leave Petition, Delay Condonation