Dismissed

Mithilesh Kumar v. The Union Of India and Ors.

Patna HC1 Apr 2016L.P.A/139/2015

Case brief

AI extract

What is this about?

This judgment is an oral order arising from a Letters Patent Appeal. The court allowed an interlocutory application condoning a 54-day delay in filing the appeal. Subsequently, the main Letters Patent Appeal was dismissed as withdrawn by the appellant with liberty to challenge a later order. The withdrawal was not treated as an expression of opinion on merits.

What did the court decide?

The Letters Patent Appeal is dismissed as withdrawn with liberty to challenge the order dated 28th February 2014 in C.W.J.C. No. 1813 of 2014.

Mithilesh Kumar Vs The Union Of India and Ors. — Service and Employment | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.139 of 2015 Arising out of Civil Review No. 140 of 2014

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=========================================================== Mithilesh Kumar, Son of Sri Munna Das, resident of village- Belaganj, P.O.Belaganj, P.S.- Belaganj, District- Gaya.

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.... .... Appellant

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Versus

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The Union of India through the Secretary, Banking and Finance, New Delhi. 2. The Bank of Baroda through the General Manager, Patna Region, Anand Vihar, 3rd Floor, West Boring Canal Road, Patna-800001.

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The Deputy Regional Manager, Bank of Baroda, Patna Region, Anand Vihar, 3rd Floor, West Boring Canal Road, Patna-800001.

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The Members of the Interview Board, Bank of Baroda, Patna Region, Anand Vihar, 3rd Floor, West Boring Canal Road, Patna-800001.

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.... .... Respondents

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=========================================================== Appearance : For the Appellant : Mr. J.K. Giri, Advocate. For Respondent No.1 : Mrs. Kanak Verma, C.G.C.

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===========================================================

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CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 01-04-2016

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I.A. No. 576 of 2015

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The application is for condonation of delay of 54 days in filing the Letters

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Patent Appeal.

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For the reasons mentioned in the Interlocutory Application, we are satisfied that the appellant has shown sufficient cause to seek condonation of delay of 54 days in filing the present Letters Patent Appeal.

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Consequently, Interlocutory Application No. 576 of 2015 is allowed

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and delay of 54 days in filing the Letters Patent Appeal is condoned.

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L.P.A. No. 139 of 2015

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Learned counsel for the appellant wishes to withdraw the present Letters

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Patna High Court LPA No.139 of 2015 dt.01-04-2016

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2 /2

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Patent Appeal directed against an order passed in Civil Review No. 140 of 2014 with liberty to challenge the order dated 28^th of February, 2014 passed in C.W.J.C. No. 1813 of 2014.

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Accordingly, the Letters Patent Appeal is dismissed as withdrawn with the liberty aforesaid. However, the grant of liberty shall not be considered as an expression over the opinion on merits of this case. As and when the appellant avails the remedy of appeal, the same shall be considered and decided in accordance with law.

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(Hemant Gupta, J)

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(Ahsanuddin Amanullah, J)

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P.K.P./Sujit N.A.F.R.

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Mithilesh Kumar v. The Union Of India and Ors.

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Mithilesh Kumar v. The Union Of India and Ors.

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