Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 472 of 2010 Petitioner :- State Of U.P. Thru Prin.Secy. Sugarcane & Anr. (M/S 581/2010 Respondent :- Simbhaoli Sugars Mills Ltd. Unit Brajnathpur, Ghaziabad & Or Petitioner Counsel :- Standing Counsel Respondent Counsel :- Dhruv Mathur,K.S. Pawar Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Rajiv Sharma,J.
The writ petition was directed against the order passed in an appeal
under the local Act. Considering Rule 5 Chapter VIII of the
Allahabad High Court Rules, the present special appeal would not
be maintainable.
On behalf of the appellants-State, learned counsel, however,
submits that they are not aggrieved by the entire order, but only by
that parts of the order, which are in the nature of directions given
by the learned Single Judge.
At the highest, if the order under challenge is interfered with, it
would be the excess of jurisdiction. That would defeat Rule 5
Chapter VIII of the Rules.
Considering the above, the appeal as filed, is not maintainable.
Consequently, it is dismissed. No order as to costs.
Order Date :- 22.7.2010
RKK/-
(F.I. Rebello, CJ)
(Rajiv Sharma, J)
C.M. Application No.68627 of 2010 In Re:
SPECIAL APPEAL DEFECTIVE No. – 472 of 2010
Hon’ble Ferdino Inacio Rebello,Chief Justice
Hon’ble Rajiv Sharma,J.
This is an application under Section 5 of the Limitation Act for
condoning the delay in filing the appeal.
Considering the cause shown in the affidavit filed in support of the
delay condonation application, the delay in filing the appeal is
condoned. Application is allowed.
Office to register the appeal.
Order Date:22.7.2010
RKK/-
(F.I. Rebello, CJ)
(Rajiv Sharma, J)