Letters Patent Appeals were dismissed for non-prosecution because the appellant failed to deposit compensation as directed by the Supreme Court before the High Court could proceed.
Appeals dismissed for non-prosecution due to non-deposit of compensation as directed by the Supreme Court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.513 of 2002 In
Misc. Appeal No. 65 of 1998 With I A No. 2120 of 2002 In
Letters Patent Appeal No.513 of 2002
======================================================
Ashok Kumar Chaudhary, son of Sita Ram Choudhary, resident of 168/P.N.Balia Road, Raniganj, Bardawan, West Bengal (Owner of vehicle Dumpher BER 6188)
.... .... Respondent no.3-Appellant Versus
.... .... Respondents
======================================================
with Letters Patent Appeal No.514 of 2002 IN Misc. Appeal No. 64 of 1998 With Interlocutory Application No. 2121 of 2002 In Letters Patent Appeal No.514 of 2002
====================================================== Ashok Kumar Chaudhary, son of Sita Ram Choudhary, resident of 168/P.N.Balia Road, Raniganj, Bardawan, West Bengal (Owner of vehicle
Patna High Court LPA No.513 of 2002 (5) dt.01-05-2014
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Dumpher BER 6188)
.... .... Respondent no.3-Appellant
Versus
.... .... Respondents/ Respondents
======================================================
Appearance : (In LPA No.513 of 2002) For the Appellant/s : Mr. B.K.Sinha Mr. Gaurav Agrawal For the Respondent no1. : Mr. Durgesh Kumar Singh, Advocate (In LPA No.514 of 2002) For the Appellant/s : Mr. B.K.Sinha Mr. Gaurav Agrawal For the Respondent no.1 : Mr. Durgesh Kumar Singh, Advocate ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 01-05-2014 These two Appeals preferred under Clause 10 of the Letters Patent arise from a common judgment and order dated 13th February 2002 passed by the learned Single Judge in Misc. Appeal Nos. 64 of 1998 and 65 of 1998.
These Appeals were earlier dismissed on 3rd
Patna High Court LPA No.513 of 2002 (5) dt.01-05-2014
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November 2003 as not maintainable. The said order was challenged before the Hon’ble Supreme Court in Civil Appeal Nos. 2483 of 2008 and 2484 of 2008. The Hon’ble Supreme Court has, under the order dated 16th January 2014, set aside the order made by the High Court and has remanded the matter to the High Court.
The Hon’ble Supreme Court has specifically directed the appellant, owner of the offending vehicle, to deposit the amount of compensation and has allowed the claimants to withdraw such amount. The Hon’ble Court further directed that “on production of proof for the deposit of the amount before the Tribunal, the appellant is directed to place the same before the High Court and, thereafter, the High Court is free to proceed and dispose of the Letters Patent Appeals, as mentioned above.”
Today, learned advocate Mr. B K Sinha appearing for the appellant, is not present before us. The appellant has not made out a case that in due compliance with the direction issued by the Hon’ble Supreme Court the appellant has deposited the amount of compensation in the Tribunal as directed. In absence of payment made by the appellant in accordance with the direction issued by the Hon’ble Supreme Court, the appeals cannot proceed.
The Appeals are dismissed for non-prosecution. I A No. 2120 of 2002 and I A No. 2121 of 2002 stand
disposed of.
(R.M. Doshit, CJ)
(Ashwani Kumar Singh, J)
mrl
Ashok Kumar Chaudhary
The New India Assurance Co. Ltd.
Chief Justice
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
