The Managing Director, Hindustan Antibiotic Limited v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1603 of 2019 In CIVIL REVIEW No.69 of 2019 ====================================================== 1.

The Managing Director, Hindustan Antibiotic Limited Pimpri, Pune, Government of India undertaking.

2.

The General Manager (Marketing) Hindustan Antibiotics Limited, Pimpri, Pune.

3.

The Divisional Manager, Hindustan Antibiotics Limited, Road No. 5, Rajendra Nagar, Patna- 16.

4.

The Divisional Manager having his office in Hindustan Antibiotics Limited, Calcutta.

5.

Hindustan Antibiotics Limited through Company Secretary, Pimpri, Pune, A Government of India Undertaking.

... ... Appellant/s

Versus

1.

The Union of India through the Secretary, Ministry of Chemical and Fertilizer, Government of India, New Delhi, having his office in Shastri Nagar, Dr. Rajendra Prasad Road, New Delhi.

2.

Abinash Kumar Sinha son of Sri Baijnath Sahay resident of D Block, Kadamkuan, Police Station Kadamkuan, District Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Amitabh Sohan, Advocate For the Respondent/s :

Mr. S.D.Sanjay, ADSG Mr. Rupak Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 01-02-2023 Re: I.A. No. 1 of 2019 Heard I.A. No. 1 of 2019 for condonation of delay in filing L.P.A.

For the reasons stated in the application and affidavit and the fact that delay is only of about 14 days, delay is

Patna High Court L.P.A No.1603 of 2019(3) dt.01-02-2023 2/2 condoned. I.A. No. 1 of 2019 stands allowed.

In the present L.P.A., there is no challenge to the original order passed in C.W.J.C. No. 5334 of 2001. On the other hand, what is challenged is order passed in Civil Review No. 69 of 2019. In the absence of challenge to the order passed in C.W.J.C. No. 5334 of 2001, the present L.P.A. is not maintainable.

Accordingly, present L.P.A. stands dismissed, reserving liberty to file fresh L.P.A.

(P. B. Bajanthri, J) (Arun Kumar Jha, J) GAURAV S./- U