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patna high court

In the event that an appeal is filed, the issue of limitation will not prevent the appeal from being adjudicated on the merits: Patna High Court

In the event that an appeal is filed where party is permitted to prefer appeal, the issue of limitation will not prevent the appeal from being adjudicated on the merits is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR in the case of Shankar Uranw Vs. The Chairman, Indian Oil Corporation Ltd (Civil Writ Jurisdiction Case No.4347 of 2021)

Brief facts of the case are that under the signature of Dy. General Manager (L.P.G.-S) Indian Area Office, Patna, petitioner’s application for award of LPG distributorships at Gamharia, District-West Champaran is refused for lack of FVC fees alleging inter alia. Petitioner was notified through registered mail to deposit a 10% security deposit, i.e. Rs. 40,000/-, but no deposit was made, notwithstanding the fact that no such message or information through other means was sent to petitioner. As a result, the petitioner sought for An appropriate order to be issued instructing the Respondents to set any suitable date for depositing the FVC fee and to notify the petitioner accordingly, allowing the petitioner to pay the fee for further action.

The learned counsel representing petitioner states that the petitioner may be entitled to appeal the impugned order to the Appellate Authority. According to learned counsel for the respondents, if such an appeal is filed within four weeks of today, the question of limitation should not be raised or allowed to obstruct the merits determination of the appeal.

The petition has been disposed of in a mutually agreeable manner. That is, Petitioner may file an appeal, and if an appeal is filed within time, the question of limitation will not prevent the appeal from being heard on the merits. Furthermore, if required, the parties will be given the opportunity to record all essential information and materials. The Appellate Authority shall decide the appeal on the merits, in accordance with natural justice principles. Petitioner, through learned counsel, agrees to fully cooperate and not seek unnecessary adjournment and the Appellate Authority shall issue a reasoned and speaking order within eight weeks of the date of filing of the such appeal and copy of the reasoned and speaking order issued by the Appellate Authority shall be supplied to the parties.

Click here to read the judgment

Judgement reviewed by – Pooja Lakshmi

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