Patna High CourtL.P.A/9/2015dfd for non appearance

M/S Assam Industrial Corporation And ANR v. The Bihar State Electricity Board And ORS

2017-05-15Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.9 of 2015 In Civil Writ Jurisdiction Case No. 14639 of 2008 ======================================================

1. M/s Assam Industrial Corporation, C-22, Industrial Area, Patna - 800013 through its Managing Partner, Sri K.K. Parsramka C-22, Industrial Area, Patna, P.S. & P.O. - Patliputra, Distt. - Patna.

2. Sri. K.K. Parsramka S/o Late Badri Narayan Parasramka C-22, Industrial Area, Patna, P.S. & P.O. - Patliputra, Distt. - Patna. .... .... Appellants

Versus

1. The Bihar State Electricity Board through its Chairman, Vidyut Bhawan, Bailey Road, Patna.

2. The Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.

3. The Member (Technical), Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.

4. The Member (Finance), Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.

5. The Chief Engineer (Stores & Purchase) Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.

6. Electrical Superintending Engineer (Purchase), Bihar State Electricity Board, Patna.

.... .... Respondents ====================================================== Appearance :

For the Appellants : None For the Respondents : Mr. Vinay Kirti Singh, Senior Advocate Mr. Vijay Kumar Verma, Advocate Mr. Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 15-05-2017 None on behalf of the appellants on call. Learned Senior Counsel for the erstwhile Bihar State Electricity Board, now known as South Bihar Power Distribution Company Limited, is present.

The Court fails to appreciate as to why an appeal was preferred when the learned single Judge accepted the

Patna High Court LPA No.9 of 2015 (2) dt.15-05-2017 2/2 apology and permitted the writ application to be withdrawn when the petitioners, who are the appellants here, were found using forged and fabricated documents in the writ Court. On call there is none to also explain the rationale behind preferring the appeal.

In view of the same, appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- U