Disposed

Committee of Management District Cooperative Bank Limited and Another v. Ram Prakash and 3 Others

Allahabad HC6 Sept 2024SPLA/588/2024

Case brief

AI extract

What is this about?

Intra-Court appeal against a Single Judge order allowing a writ petition. The Division Bench declined to interfere with the impugned judgment, finding no palpable infirmity. Upon the appellant's undertaking to confer actual benefits within 15 days, the appellate court set aside the costs imposed by the Single Judge and disposed of the appeal.

What did the court decide?

Costs of Rs. 10,000 set aside; appeal disposed of on undertaking to confer benefits within 15 days.

Committee of Management District Cooperative Bank Limited and Another vs Ram Prakash and 3 Others — Allahabad HC (2024) — LawSathi Research

¶1

Neutral Citation No. - 2024:AHC:145291-DB

¶2

Court No. - 29

¶3

Case :- SPECIAL APPEAL No. - 588 of 2024

¶4

Appellant :- Committee Of Management District Cooperative Bank Limited And Another Respondent :- Ram Prakash And 3 Others Counsel for Appellant :- Ashok Kumar Lal Counsel for Respondent :- C.S.C.,Sujeet Kumar Rai

¶5

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶6

Heard Shri Ashok Kumar Lal, learned counsel for the the appellant, Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State respondents and Shri Sujeet Kumar Rai, learned counsel for the respondent no.4.

¶7

The instant intra-Court appeal has been filed questioning the validity of judgement and order dated 15.04.2024 passed by learned Single Judge in Writ-A No.15173 of 2024 (Ram Prakash v. State of U.P. & others) by which the learned Single Judge has allowed the writ petition with costs of Rs.10,000/-.

¶8

After considering the submissions made by the learned counsel for the parties and upon perusing the impugned judgment and order, we notice that the same has been rendered by the learned Single Judge with cogent and justifiable reasons. In an Intra- Court Special Appeal, no interference is usually warranted unless palpable infirmities or perversities are noticed on a plain reading of the impugned judgment and order. In the facts and circumstances of the instant case, on a plain reading of the impugned judgment and order, we do not notice any such palpable infirmity or perversity.

¶9

Once we inclined to dismiss the instant intra-Court appeal on merits, learned counsel for the appellant lastly submitted that the cost imposed by the learned Single Judge may be waived off.

¶10

Per contra, Shri Rai, learned counsel for the respondent-petitioner states that on account of inaction of the appellant, the respondentpetitioner is suffering irreparable loss and injury as the actual benefits have not been conferred to the petitioner till date .

¶11

Learned counsel for the appellant on the instructions states that the

¶12

observations made by learned Single Judge will be complied with and the actual benefits will be accorded to the respondent-petitioner within a period of 15 days.

¶13

Once the categorical undertaking is given, we are not inclined to proceed further in the matter. Accordingly, the costs of Rs.10,000/imposed by the learned Single Judge on the appellant vide order dated 15.04.2024 is set aside, and the instant intra-Court appeal is disposed off .

¶14

Order Date :- 6.9.2024 S.P.

¶15

Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad

Committee of Management District Cooperative Bank Limited and Another v. Ram Prakash and 3 Others

Case brief

What is this about?

What did the court decide?

Committee of Management District Cooperative Bank Limited and Another v. Ram Prakash and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Smt Urmila Devi vs State of Up and 7 Others

Ingraham Institute English School vs State of Up and 3 Others

M/S Imperia Structures Limited vs State of U.P. and 3 Others

Mohammad Nadeem and 2 Others vs State of Up and 2 Others

Amit Kumar Mishra vs State of Up and 3 Others

Akshay Kumar vs State of Up and 2 Others