IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1492 OF 2010 IN CIVIL WRIT JURISDICTION CASE NO.7104 OF 2010 WITH INTEROCUTORY APPLICATION NO.8441 OF 2010 WITH INTERLOCUTORY APPLICATION NO.8442 OF 2010 IN LETTERS PATENT A PPEAL NO.1492 OF 2010. ============================================== Patna Municipal Corporation & Anr - Appellants Versus Seva Dharm Sansthan - Respondents ============================================== Appearance : For the Appellants : Mr. P.K. Shahi, Advocate General Mr. Bishwa Bibhuti Kumar Singh For the Respondent : Mr. Naresh Kumar Malhotra Senior Advocate with Mr. Binod Kumar Sinha No.2 ============================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 27.9.2010. Reg:. I.A.No.8441 of 2010 This application under section 5 of the Limitation Act is made by the appellants Patna Municipal Corporation and another for condonation of delay of 16 days occurred in filing the appeal. On the aforesaid facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. 2 Reg: Letters Patent Appeal No.1492 of 2010. With the consent of the learned Advocates appearing for the parties, the appeal is heard and finally decided today. This appeal preferred under Clause 10 of the Letters Patent arises from the order dated 29th September 2009 made by the learned Single Judge pending C.W.J.C.No.7104 of 2010. It is the complaint of the appellant Patna Municipal Corporation that under the impugned order the appellants have been ordered to pay a sum of Rs.10/- Lacs to the writ petitioner under the contract for sanitation work. Learned Advocate General Mr. P.K. Shahi appears for the appellants. He has submitted that the appellants do owe certain amounts to the writ petitioner but far less than the respondent writ petitioner’s claim for Rs.56/- Lakhs. Mr. Shahi has submitted that though the claim is contested, the learned Single Judge did not allow the appellant to file its counter affidavit. Mr. Shahi has submitted that now the appellant has filed its counter affidavit. Without entering into the merits, in view of concensus, we allow this appeal. The impugned order dated 29th September 2009 passed by the learned Single Judge in C.W.J.C.No.7104 of 2010 is set aside in so far as the appellant Patna Municipal 3 Corporation is ordered to pay a sum of Rs.10/ Lakhs to the writ petitioner. It is clarified that this order will not preclude the learned Single Judge from making appropriate order after hearing both the parties and after considering the pleadings filed before it. The appeal is allowed, Interlocutory Application No.8442 of 2010 is disposed of. The parties will bear their own costs. ahk (R. M. Doshit, CJ) (Jyoti Saran, J)