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Allahabad High Court

Managing Director, U.P. State Sugar ... vs Purshottam And Others on 29 January, 2010

Author: C.K. Prasad

Bench: Chandramauli Kumar Prasad, Arun Tandon

Chief Justice's Court

Case :- SPECIAL APPEAL DEFECTIVE No. - 106 of 2010

Petitioner :- Managing Director, U.P. State Sugar Corpn. Ltd. And Others
Respondent :- Purshottam And Others
Petitioner Counsel :- R.K. Srivastava,Dr. Y.K. Srivastava
Respondent Counsel :- B.L. Verma

Hon'ble Chandramauli Kumar Prasad,Chief Justice
Hon'ble Arun Tandon,J.

Order on Delay Condonation Application This application has been filed for condoning the delay in filing the appeal.

According to Stamp Reporter the appeal is barred by limitation by 51 days.

Various reasons, which prevented the applicant from filing the appeal within time, have been enumerated in the affidavit filed in support of the application.

We are of the opinion that the same constitute sufficient cause for condoning the delay in filing the appeal. Accordingly, delay in filing the appeal is condoned. Application stands allowed.

Order on Special Appeal Respondents-appellants, aggrieved by an order dated 03rd September, 2009 passed by learned Single Judge in Civil Misc. Writ Petition No. 69158 of 2006, have preferred this appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules, 1952.

Mr. R.K. Srivastava appears on behalf of the appellants. Writ petitioners-respondents are represented by Mr. B.L. Verma. Mr. Verma prays for withdrawal of the writ petition with liberty to the writ petitioners to take recourse to the remedy before the Labour Court.

As prayed for, writ application is permitted to be withdrawn with liberty aforesaid.

In view of the withdrawal of the writ petition, the order impugned in the present appeal is rendered non est. Appeal stands disposed of accordingly. Order Date :- 29.1.2010 Pkb/ (C.K. Prasad, C.J.) (Arun Tandon, J.)