Patna High CourtL.P.A/1042/2018dismissed

Suresh Prasad v. Indian Oil Corporation Ltd. And ORS

2023-07-06Mr. Justice P. B. Bajanthri,Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1042 of 2018 In Civil Writ Jurisdiction Case No.20339 of 2011 ====================================================== Suresh Prasad Son of Late Nawab Lal, Resident of Village, P.O. and P.S.- Nagarnausa, District- Nalanda.

... ... Appellant/s

Versus

Indian Oil Corporation Ltd. through Senior Divisional Retail Sales Manager, Block - A, Mauryalok Complex, (3rd Floor) Dak Bunglow Road, Patna. 2.

Senior Divisional Retail Sales Manager, Block-A, Mauryalok Complex, 3rd Floor, Dak Bunglow Road, Patna 3.

Sr. Divisional Manager, Block-A, Mauryalok Complex, 3rd Floor, Dak Bunglow Road, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

For the Respondent/s :

Mr. Sanat Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 06-07-2023 None appears for the appellant.

2. On 28.06.2023 following order was passed:

"None appears for the appellant

2. Perusal of I.A. No. 7107 of 2018 for condonation of delay of 305 days, sufficient cause has not been shown. In fact, in para-5, it is stated as under:- "5. That the petitioner further stated and submitted that there is a latches on the part of the appellant."

3. Para-5 of I.A. No. 7107 of 2018 is against the interest of the appellant. If there is no representation on

Patna High Court L.P.A No.1042 of 2018(6) dt.06-07-2023 2/2 behalf of the appellant on the next date of hearing, I.A. No. 7107 of 2018 for condonation of delay would be rejected so also L.P.A.

4. Re-list this matter on 05.07.2023."

3. Accordingly, I.A. No. 7107 of 2018 for condonation of delay of 305 days stands rejected for want of sufficient cause. I.A. No. 7107 of 2018 stands rejected.

4. Consequently, L.P.A. No. 1042 of 2018 stands dismissed.

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