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Supreme Court - Daily Orders

Rajkumar Gupta @ Raj Kumar Sultania @ ... vs Union Of India on 22 March, 2021

Bench: D.Y. Chandrachud, M.R. Shah

     SLP(C) 4198/2021
                                                           1

     ITEM NO.15                          Court 5 (Video Conferencing)                    SECTION XVI

                                   S U P R E M E C O U R T O F              I N D I A
                                           RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C) No.4198/2021

     (Arising out of impugned final judgment and order dated 27-01-2021
     in CWJC No.4098/2019 passed by the High Court of Judicature at
     Patna)


     RAJKUMAR GUPTA @ RAJ KUMAR SULTANIA @                                             Petitioner(s)
     RAJU SULTANIA

                                                          VERSUS

     UNION OF INDIA & ANR.                                                             Respondent(s)

     (FOR I.R.)


     Date : 22-03-2021 This petition was called on for hearing today.


     CORAM :
                                   HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                                   HON'BLE MR. JUSTICE M.R. SHAH


     For Petitioner(s)                   Mr. Gaurav Agrawal, AOR
                                         Mr. Amit Awasthi, Adv.
                                         Mr. P.C. Agrawal, Adv.

     For Respondent(s)


                               UPON hearing the counsel the Court made the following
                                                O R D E R

1 Having heard Mr Gaurav Agrawal, learned counsel appearing on behalf of the petitioner, we do not find any error in the judgment of the High Court dismissing the writ petition on the ground that the petitioner has an alternate remedy of an appeal. However, it has been submitted that in paragraph Signature Not Verified Digitally signed by 28(a) of the impugned judgment of the High Court dated 27 January 2021, Chetan Kumar Date: 2021.03.23 17:34:27 IST Reason: the petitioner was granted a period of four weeks for pursuing the alternate SLP(C) 4198/2021 2 remedy in which event the issue of limitation was not to come in the way of an adjudication on merits. Since the period of four weeks has expired on 22 February 2021, on the request of the learned counsel for the petitioner, we extend the time which was so fixed by the High Court until 15 April 2021.

2 Subject to the aforesaid, the Special Leave Petition is dismissed.

3 Pending applications, if any, stand disposed of.

              (CHETAN KUMAR)                                  (SAROJ KUMARI GAUR)
               A.R.-cum-P.S.                                      Court Master