The Bihar State Power Holding Company Limited And ORS. v. Bhola Prasad

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.59 of 2015 In Civil Writ Jurisdiction Case No. 12932 of 2008 ======================================================

1. The Bihar State Power (holding) Company Ltd, (erstwhile the Bihar state Electricity Board) through its Chairman-cum-Managing Director Vidyut Bhawan Bailey Road Patna

2. The Chairman-cum-Managing Director, the Bihar State Power (Holding) Company Ltd, (erstwhile the Bihar State Electricity Board) Vidyut Bhawan Bailey Road, Patna

3. The General Manager (HR/Adm), Bihar State Power (Holding) Company Ltd.(erstwhile the Bihar State Electricity Board) Vidyut Bhawan Bailey Road Patna .... .... Appellants

Versus

Bhola Prasad son of late Jokhan Prasad, village Pipra Ghat, PS Jhanjharpur, Dist. Madhubani, at present residing in the house of Shri Baban Ram, Ashok nagar, Road No.1-D PS Kankarbagh,Dist.Patna .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Ratan Prasad Sinha For the Respondent/s : Mr.Kumar Ravish and Mr.Arif Daula Siddiqui ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE I. A. ANSARI) 23-01-2015 Heard Mr. Ratan Prasad Sinha, learned counsel for the appellants, and Mr. Kumar Ravish, learned counsel for the respondent.

I.A.No. 281 of 2015 has been filed by the appellants, under Section 5 of the Limitation Act, seeking condonation of delay of 43 days in preferring the present letters patent appeal against the order, dated 08.08.2014, passed in C.W.J.C.No. 12932 of 2008.

Patna High Court LPA No.59 of 2015 (3) dt.23-01-2015 Having considered the reasons assigned in the present petition seeking condonation of delay, in preferring appeal, and having heard the learned counsel for the parties, this Court is satisfied that the appellants were prevented by sufficient causes from preferring the appeal within time.

In view of the above, the delay of 43 days, in preferring the letters patent appeal, is hereby condoned. I.A.No. 281 of 2015 shall stand disposed of.

Re: L.P.A.No. 59 of 2015 Learned counsel for the appellants seeks permission to withdraw this appeal with liberty to take recourse to appropriate provisions of law.

To the submissions so made, no objection has been raised on behalf of the respondent.

In view of the above and in the interest of justice, this appeal, is hereby disposed of as withdrawn with liberty to the appellants to take recourse to appropriate provisions of law. (I. A. Ansari, J) (Chakradhari Sharan Singh, J) A.I./- U