Jharkhand High Court
Jharkhand Urja Vikas Nigam Ltd. Through ... vs Raj Kumar Bhadani & Ors on 6 April, 2023
Author: Ananda Sen
Bench: Sanjaya Kumar Mishra, Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A No. 362 of 2022
Jharkhand Urja Vikas Nigam Ltd. through its Senior Manager (HRA)
Praveen Kumar Rajak ... ... ... Appellant
Versus
Raj Kumar Bhadani & Ors. ... ... ... Respondents
---------
CORAM: SRI SANJAYA KUMAR MISHRA, C.J.
SRI ANANDA SEN, J.
---------
For the Appellant: Mr. Mrinal Kanti Roy, Advocate For the Respondents: Mr. Dhananjay Kumar Pathak, Advocate
---------
05 /Dated: 06.04.2023 I.A. No. 2466 of 2023 There is a delay of 228 days in preferring the intra court appeal. Counsel for the appellant submits that official procedure in obtaining the permission for filing the Letters Patent Appeal took time and therefore there was a delay. The impugned judgment has been passed on 27.09.2021 and the Letters Patent Appeal has been filed on 16.8.2022. By virtue of the order passed by the Hon'ble Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020 running of limitation was arrested from 15.3.2020 to 28.2.2022 and later on it has been extended for further three months, so the limitation starts from 1st July, 2022.
Keeping in view of the facts of the case and also order passed by the Hon'ble Supreme Court, the delay should be condoned.
Accordingly, I.A. No. 2466 of 2023 is hereby allowed. The delay of 228 days in preferring the Letters Appeal, is hereby, condoned.
L.P.A No. 362 of 2022Since both counsel admits that the matter may take time for detail hearing for Final Disposal, list this case on 27.04.2023 afresh.
Both the counsel are at liberty to file written submission in the Registry before three days of listing of this case.
(Sanjaya Kumar Mishra, C.J.) (Ananda Sen, J.) Anjali/