Patna High Court
North Bihar Power Distribution Company Ltd. and OrsversusM/s Ambika Bhawani Cold Storage Private Limited
- Decided
- Disposal
- DISMISSED
- Bench
- KHATIM REZA
Holding
The court held that there was no apparent error in the order dated 31 July 2018, and therefore dismissed the review application.
Summary
The North Bihar Power Distribution Company Ltd. filed a review application challenging an order dated 31 July 2018 passed by a coordinate bench of the Patna High Court in a civil writ jurisdiction matter against M/s Ambika Bhawani Cold Storage Private Limited. The petitioners argued that the order contained errors and sought relief. The court examined the submissions and found no apparent error in the impugned order, leading to the dismissal of the review application. The petitioners then requested liberty to appeal the original order and asked that the time spent in the present proceeding be excluded from the limitation period. The court, sympathizing with the petitioners, granted the liberty to file an appeal and allowed the exclusion of the pendency period for limitation calculation, thereby disposing of the review application.
Issues considered
- Whether the order dated 31 July 2018 contains any apparent error warranting a review.
- Whether the time spent in the present review proceeding should be excluded for the purpose of limitation in filing an appeal.
Subjects
- review application
- civil writ jurisdiction
- limitation period
- appeal
- high court
- power distribution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No.464 of 2018
In
Civil Writ Jurisdiction Case No.14279 of 2017
======================================================
1. North Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey
Road, Patna through its managing Director.
2. The Chief Engineer (Commercial), North Bihar Power Distribution
Company Limited, Vidyut Bhawan, Bailey Road, Patna.
3. The Electrical Superintending Engineer, Muzaffarpur Electric Supply Circle,
North Bihar Power Distribution Company Limited, Bhagwanpur Chouk,
Muzaffarpur.
4. The Electrical Executive Engineer, Electric Supply Division, Muzaffarpur
(West), Muzaffarpur.
5. The Electrical Executive Engineer, Commercial and Revenue Division,
Muzaffarpur Circle, Muzaffarpur.
... ... Petitioner/s
Versus
M/s Ambika Bhawani Cold Storage Private Limited a Company in Corporate
under the provisions of the companies Act, 1956 having its Place of business
at Village- Bakhra, P.S.- Saraiya, District- Muzaffarpur through its Director,
Rajesh Kumar Singh, Son of Late Paras Nath Singh, Resident of Village-
Bakhra, P.S. Saraiya, District Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kunal Tiwary, Adv.
For the Opposite Party/s : Mr. Suraj Samdarshi, Adv.
Mr. Avinash Shekhar, Adv.
Mr. Vijay Shanker Tiwari, Adv.
Mr. Abhilasha Jha, Adv.
Ms. Simran Kumari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
11 17-04-2026 Heard learned counsel for the petitioners as well as
opposite party.
2. This Review application has been filed for
reviewing the order dated 31.07.2018 passed by a co-ordinate
Bench of this Court in C.W.J.C. No. 14279 of 2017.
3. Considering the submissions and averments made
Patna High Court C. REV. No.464 of 2018(11) dt.17-04-2026
2/2
in the Review application, there is no apparent error on record,
thus, the Review application is dismissed.
4. Learned counsel for the petitioners seeks liberty to
file an appeal against the order dated 31.07.2018 under review
and prays that time consumed in the present proceeding may be
excluded for calculating the period of limitation.
5. In the aforesaid facts and circumstances, the time
consumed during the pendency of the present proceeding may
be sympathetically considered in filing of the appeal against the
order dated 31.07.2018.
6. Accordingly, this application is disposed of.
(Khatim Reza, J)
prabhat/-
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