IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 07 of 2011
The Union of India
through the Secretary, Ministry of Coal, New Delhi & Ors. ... Appellants
Versus
Smt. Jayanti Choudhury,
W/o Late Kamla Kanta Chaudhury, Dhanbad & Ors. ... Respondents
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CORAM: HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE H.C. MISHRA
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For the Appellants : M/s. Hardeo Prasad Singh
For the Respondents : M/s. Nisha Thakur, Anoop Kumar Mehta
——
Order No. 06 Dated: 18th of May, 2011.
Permission was sought for listing the matter and permission
was granted to know the matter.
Today the matter has come up and it has been noticed that
on 3rd March, 2011 the stay petition preferred by the appellant was
rejected.
The appeal is, therefore, required to be heard on its merits.
Learned counsel for the appellant submitted that respondent
has moved contempt petition and therefore, the appeal may be
heard.
We do not find any reason for hearing the appeal merely
because of the reason that contempt proceedings have been
initiated due to non-compliance of the order passed by the learned
Single Judge after rejection of stay petition by the Division Bench.
Virtually giving indulgence to the appellant will in fact amount
to nullifying the order passed on 3rd March, 2011 rejecting the stay
petition of the appellant after hearing the parties.
We do not find any reason to hear the appeal on its merit at
this stage without compliance of the order passed by the learned
Single Judge, therefore, the matter be put up under the heading “for
hearing” in due course at its own turn.
(Prakash Tatia, A.C.J.)
(H.C. Mishra, J.)
D.S./Alankar.