Samrendra Kumar v. The Housing And Urban Development Corporation

IN THE HIGH COURT OF JUDICATURE AT PATNA

C.W.J.C. No. 274 of 2021 =================================================== Samrendra Kumar, s/o late Surendra Pratap Thakur, c/o Bhardwaj Distributor. Nav Ratan Hall near MVI office, NH-31, PS- K. Hat, District-Purnea.

... ... Petitioner/s

Versus

1. The Housing and Urban Development Corporation through its Chairman-cum-Managing Director HUDCO, India Habitat Centre, Lodhi Road, New Delhi-110003.

2. Regional Chief, Housing and Urban Development Corporation, BBlock, Maurya Lok, 2nd floor, Dak Bunglow road, Patna-800001.

3. Recovery Officer, Debts Recovery Tribunal, Karpoori Sadan, Ashiana Digha road, PS-Rajiv Nagar, Patna.

4. Akash Bothra (Auction-Purchaser), s/o Mangi Lal Bothra, Service Effected through Housing and Urban Development Corporation, BBlock, Maurya Lok, nd Floor, Dak Bungalow road, Patna-800001. ... ... Opposite Party/s =================================================== Appearance :

For the Petitioner/s :

Mr. SanjeevRanjan, Sr. Adv.

For the Opposite Party/s:

Mr. Prashant Kumar, Adv.

================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-07-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic, requiring social distancing.

The learned counsel for the petitioner Sri Sanjeev Ranjan, in presence of Sri Prashant Kumar, the learned counsel appearing for the Housing and Urban Development Corporation, seeks to withdraw the present petition with liberty to file an appeal against the order dated 07.03.2020, passed in R.P. case no. 298 of 2012, however submits that the respondents be directed not to dismiss the appeal, to be filed by the petitioner, on the ground of limitation. Having regard to the facts and circumstances of the case and considering the prevailing situation on account of Covid-19 Pandemic as also the interim orders passed by the Hon'ble Apex Court as also by this Court from time to time, I deem it fit and appropriate to grant liberty to the petitioner to file appropriate appeal and in case such an appeal is filed within a period of 30 days from today, the appellate court shall consider the same on merits without being impeded by the issue of limitation.

The present writ petition stands disposed of as not pressed, however with the aforesaid liberty.

(Mohit Kumar Shah, J) rinkee/- U