Appeal regarding a maintenance order where the High Court accepted an application for witness exemption and dropped the main application after noting grievance redressal via payment.
Application I.A. No. 02 of 2023 for exemption of personal appearance allowed; main petition dropped.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.225 of 2022
In
Letters Patent Appeal No.476 of 2012
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Usha Srivastava, W/o Late Mithilesh Kumar Sinha R/o B/17, Bankmens Colony, Chitragupta Nagar, Patna, Lohia Nagar, Bihar-800020
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Dayanand Singh, Advocate For the Opposite Party/s : Mr. Ritesh Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
7 12-10-2023
Pursuant to our previous order dated 05.10.2023, respondent – University has filed two interlocutory applications namely I.A. No. 01 of 2023 and I.A No. 02 of 2023. I.A. No. 01 of 2023 is for recalling the previous order and I.A. No. 02 of 2023 is for exemption from personal appearance of the Deputy Registrar, Mr. Ashok Kumar Singh.
2. I.A. No. 01 of 2023 is not maintainable in view of the fact that petitioner’s grievance has been redressed in
Patna High Court MJC No.225 of 2022(7) dt.12-10-2023 2/2
complying the payment of Rs. 10 lakhs plus 10,000/- (Rupees Ten Thousand) cost. Therefore, I.A. No. 02 of 2023 for exemption of personal appearance is accepted. I.A. No. 02 of 2023 stands allowed. Consequently, M.J.C. No. 225 of 2020 stand dropped.
3. The State may take note of whether they have to pay the amount of Rs. 10 lakhs to the respondent – University which was ordered by this Court in L.P.A. No. 476 of 2012. On this issue State government shall expedite the matter and apprise the University. If the University is entitled, the same shall be released or disbursed in favour of the University.
(P. B. Bajanthri, J)
( Arun Kumar Jha, J)
GAURAV S./- U
Usha Srivastava
The State of Bihar
B.N. Mandal University
P. B. Bajanthri
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
