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Patna High CourtMJC/2081/2019disposed

Patna Zila Khadi Gramodyog Sangh v. The Assistant Provident Fund Commissioner

2020-07-08Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2081 of 2019 In Civil Writ Jurisdiction Case No.14234 of 2017 ====================================================== Patna Zila Khadi Gramodyog Sangh Head Office-Muradpur, Patna-800004 through its Secretary (Mantri), Lalan Kumar Mishra, aged about 55 years, male, son of Late Ram Nirekhan Mishra, resident of Patna Zila Khadi Gramodhyog Sangh Head Office Premises, Ashok Raj Path, Muradpur, Police Station-Pirbahore, District-Patna-800004 ... ... Petitioner/s

Versus

The Assistant Provident Fund Commissioner Employees Provident Fund Organization, Regional Office, Patna Bhavishyanidhi Bhawan, R Block, Road No. 6, Patna-800001 (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Satyendra Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-07-2020 Heard Mr. Sunil Kumar, counsel for the petitioner and Mr. Satyendra Kumar Jha, counsel for the opposite party. The present application has been filed seeking extension of further time for filing appeal as has been stated in this application that learned counsel for the petitioner could not take steps on account of the fact mentioned in paragraph nos. 5 & 6 of the present application which reads as follows:- "5. That for filing any cases petitioner who having been Secretary of the Establishment required directin/ decision of the Niyamak Mandal/Managing Committee and after decision of Niyamak Mandal petitioner directed the counsel Mr. Sunil Kumar, Advocate to file an appeal before appropriate forum i.e. C.G.I.T. (Dhanbad).

6. That unfortunately some unavoidable

Patna High Court MJC No.2081 of 2019(3) dt.08-07-2020 2/2 circumstances occurred in the family of the counsel of the petitioner i.e. Bhabhi of the counsel died on 04.03.219 and the counsel went to his native village in the district of Muzaffarpur and the counsel return from his village after Holi vacation on 25.03.2019. Then again unavoidable circumstances occurred in the family of the counsel of the petitioner and he went with her daughter for her examination and due to aforesaid the stipulated period expired."

Learned counsel for the petitioner further submits that thereafter the pandemic has started and the Management has failed to take steps for filing proper appeal before the appellate authority. Accordingly, learned counsel for the petitioner seeks extension of time so that the petitioner will be able to file proper appeal.

In view of the ongoing pandemic situation, this Court extends the time by a further period of five months from today but, it is made clear that no further application for extension of time will be entertained by this Court in future.

Accordingly, this application stands disposed of. (Shivaji Pandey, J) rishi/- U