62. Central Coalfields Ltd. v. Anjan Banerjee, 1990 ACJ 550 is a decision of the Patna High Court deciding that a Letters Patent appeal lay before a Division Bench from the decision of the learned single Judge made under Section 110-D of the Motor Vehicles Act. In this case also, arguments made before us were not raised for consideration.
In General Manager (H), Hazaribag Area of Central Coalfields Ltd., and Anr. v. Anjan Banerjee and Anr. : 1990 ACJ 550, it was observed by the Patna High Court that an appeal in terms of Sec, 110 of the old Act becomes a judgment within the meaning of Clause 10 of the Letters Patent and right of appeal provided under, Clause 10 cannot be curtailed unless the same is excluded either by a Charter or by statutory provision and since neither finality was given by an appellate order nor right of further appeal ourtailed in any manner in terms of Section 110D, the Letters Patent appeal was maintainable. We are in agreement with the view expressed by learned Judges of Patna High Court and with great respect differ from the view expressed by Madhya Pradesh High Court to the contrary. We hold the Letters Patent appeal to be maintainable.