The Division Bench dismissed a Letters Patent Appeal filed with a delay of over three years after a voluntary withdrawal of the underlying application. The court held that the delay warranted dismissal.
The intra-court application No.8970 of 2015 and the Letters Patent Appeal were dismissed.
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.2019 of 2015
IN
Civil Writ Jurisdiction Case No. 16859 of 2010
=========================================================== The Executive Engineer, Punpun Flood Protection Division, Patna City, Karbigahiya, Patna - 1.
.... .... Appellant
Versus
.... .... Respondents
===========================================================
Appearance :
For the Appellant/s : Mr. Abhinay Raj For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and
HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 30-01-2017
In an application, which was voluntarily allowed to be withdrawn
by the appellant, not only an appeal has been filed but that appeal has been filed after a delay of 3 years and 76 days.
appeal.
(Ajay Kumar Tripathi, J.)
(Nilu Agrawal, J.)
S.Kumar/-
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1 issue framed by the court
Whether a Letters Patent Appeal filed after a significant delay of 3 years and 76 days with a withdrawn application should be allowed.
The Executive Engineer, Punpun Flood Protection Division
Sinchai Kamgar Union
Sri Prem Shankar Sharma
The Presiding Officer, Labour Court, Patna
The State of Bihar
Ajay Kumar Tripathi
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
