Allowed

Arjun Engicon Private Limited v. The State Of Bihar and Anr.

Patna HC13 Jul 2018CWJC/416/2017

Case brief

AI extract

What is this about?

The Patna High Court held that the Appellate Authority committed an error by dismissing the appeal on the ground of only 32 days delay without considering the sufficient justification provided. The Court allowed the appeal, quashed the rejection orders, and directed a fresh decision on merits.

What did the court decide?

Appeal allowed; order dated 7.7.2012 and order dated 11.12.2015 quashed; appeal restored to original file; directive to Appellate Authority to decide appeal afresh on merits.

Arjun Engicon Private Limited Vs The State Of… — Civil Procedure and Limitation | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.416 of 2017

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Arjun Engicon Private Limited, through its director Ravi Bhushan Singh @ Ravi Bhushan, age about 50 years, son of Sri Arjun Singh having registered under the Companies Act, 1956, situated at J-117, PC Colony Kankar bagh Patna

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... ... Petitioner/s

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Versus

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The State Of Bihar through Commissioner of Commercial Taxes, Bihar Patna having its office at Vikash Bhawan, Baily Road, Patna 2. Joint Commissioner of Commercial Taxes, (Appeal), East and West Division Patna

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhash Ranjan Thakur, Advocate For the Respondent/s : Mr. Anil Kumar Sinha-GA 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 13-07-2018

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Keeping in view the reasons that were considered by the learned Appellate Authority for rejecting the application for condonation of delay, as is contained in the order impugned dated 11.12.2015, we are of the considered view that in going to the technicalities and rejecting the appeal on the ground of delay of 32 days, the learned Appellate Authority has committed a grave inasmuch as it has rejected the appeal on the ground of delay of only 32 days and has refused to exercise its jurisdiction on the merit. The documents available on record do show that the

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Patna High Court CWJC No.416 of 2017 dt.13-07-2018 2/2

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Director had furnished grounds and justification which prevented him from filing the application. In view of the justification given, it was a fit case where delay should/could have been condoned.

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Accordingly, we allow the appeal, quash the order dated 7.7.2012 passed by the Appellate Authority dismissing the appeal on the ground of delay and the order of the Revisional Authority dated 11.12.2015, restore the appeal to its original file and direct the Appellate Authority to decide the appeal afresh in accordance with law on merit.

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Coercive action against the appellant shall remain stayed for a period of 30 days from the date of receipt/production of a copy of this order. Thereafter the appellant may seek protection from the Appellate Authority in the appeal.

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(Rajendra Menon, CJ)

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( Rajeev Ranjan Prasad, J)

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K.C.Jha/-

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	19.07.2018
Transmission Date	N/A

Arjun Engicon Private Limited v. The State Of Bihar and Anr.

Case brief

What is this about?

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Arjun Engicon Private Limited v. The State Of Bihar and Anr.

Case brief

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