Vijai Bahadur Singh vs Punjab National Bank Thru. Its Regional ...
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Allahabad High Court

Vijai Bahadur Singh vs Punjab National Bank Thru. Its Regional ... on 30 May, 2024

Author: Rajan Roy

Bench: Rajan Roy

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:41127-DB
 
Court No. - 2
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 297 of 2024
 
Appellant :- Vijai Bahadur Singh
 
Respondent :- Punjab National Bank Thru. Its Regional Manager Having Its Regional Office, Raibarely And 3 Others
 
Counsel for Appellant :- Gyanesh Kumar Singh
 

 
Hon'ble Rajan Roy,J.
 

Hon'ble Om Prakash Shukla,J.

[C.M. Application No.1 of 2024 : Application for Condonation of Delay]

1. Vakalatnama filed today by Sri Anoop Kumar Misra, Advocate on behalf of respondents is taken on record.

2. Heard Sri Gyanesh Kumar Singh, learned counsel for the appellant and Sri Anoop Kumar Misra, learned counsel for the respondents.

3. Cause shown in the affidavit filed in support of application for condonation of delay is sufficient.

4. Accordingly, the instant application for condonation of delay is allowed and delay in filing the appeal is hereby condoned.

[order on appeal]

5. This is an intra-Court appeal filed under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 challenging the judgment and order dated 09.11.2023 passed by writ Court in Writ-A No.8841 of 2023.

6. The writ petition of the appellant has been dismissed on the ground of laches. Admittedly, the appellant was acquitted in criminal proceedings prior to the passing of the order of compulsory retirement which, in fact, was passed on 27.09.2000 thereafter the appeal was filed which was dismissed on 11.07.2017. The writ petition challenging the said orders was filed on 31.10.2023. The only explanation offered for the delay was onset of Covid-19 pandemic which, in fact, occurred in March, 2020, therefore, this could hardly be a ground for explaining the inordinate delay. Sending of letters and reminders in 2022 and 2023 by itself was of no help and the writ Court on consideration of the facts and circumstances of the case has rightly dismissed the writ petition on the ground of delay and laches. Litigant has to be alert of his rights and prompt in getting it redressed.

7. As regards the contention of appellant's counsel that the appellant, in fact, had given requisite papers to one G.S. Chauhan, Advocate for filing the petition who could not file it, we do not find any such averment in the writ petition. This is a new ground taken in the appeal which is impermissible and is clearly an afterthought.

8. We see no error in the judgment of the writ Court.

9. In view of the above, the instant appeal stands dismissed.

[Om Prakash Shukla, J.] [Rajan Roy, J.]

Order Date :- 30.5.2024

Shubhankar