The Letters Patent Appeal, filed against the Single Judge’s order dismissing a writ petition for enforcement of a contract claim, was dismissed. The court held that no interference was warranted as there were disputes regarding the matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1402 of 2014 IN
Civil Writ Jurisdiction Case No. 9976 of 2013
=========================================================== Om Prakash Sonu, son of Sri Ujjawal Prasad, Resident of Ward No. 16/11, Sastri Nagar, P.O. & P.S.- Araria, District- Araria
.... .... Appellant
Versus
.... .... Respondents
=========================================================== Appearance : For the Appellant/s : Mr. Ashok Kumar, Advocate For the Respondent/s : Mr. Manish Kumar, AC to AAG-6
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and
HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 05-05-2017
Heard learned counsel for the appellant and counsel for the respondent State.
No interference would be warranted with the order
dated 15.05.2014, in fact, the learned Single Judge was magnanimous enough to entertain the writ application which was not maintainable because a writ for payment or enforcement of contract can only arise provided there are no disputes as to the
Patna High Court LPA No.1402 of 2014 dt.05-05-2017
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amount claimed and what is payable and the same has been accepted by the other side. In the present case, it does not seem to
be so.
Appeal is dismissed.
(Ajay Kumar Tripathi, J)
(Nilu Agrawal, J)
Rajesh/-
AFR/NAFR NAFR CAV DATE NA Uploading Date09.05.2017 Transmission NA Date
1 issue framed by the court
Whether the Letters Patent Appeal should be allowed against the Single Judge’s order dismissing the writ application.
Om Prakash Sonu
The State of Bihar and Others
AJAY KUMAR TRIPATHI
NILU AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
