Yashpal Singh & Ors. vs The H.P. State Co-operative bank

When the matter was being heard today, the learned counsel for the petitioners has stated at the Bar that in case, as the petitioners could not approach the appropriate authority due to unavoidable circumstances, order dated 9th January, 2017 (Annexure P-12), passed in CWP No. 1312 of 2013 be extended for further six weeks, in the interest of justice. On the other hand, learned counsel for the respondent has stated that the petitioners were required to approach appropriate authority in accordance with law, within a period of two weeks, which they could not do, so they have no right to pray for further time. However, he has further stated that in case, the petitioners have approached the appropriate authority, as per order dated 9th January, 2017, the case was supposed to be considered as per the rules. Order dated 9th January, 2017, passed in CWP No. 1312 of 2013, is reproduced as under: " In view of aforesaid request having been made by the learned counsel representing the petitioners, present petition is dismissed as withdrawn, with liberty reserved to the petitioners to approach appropriate authority in accordance with law, within a period of two weeks. Till the expiry of two weeks, interim order passed by this Court shall remain in operation. However, it is made clear that in case appropriate proceedings, as mentioned above, are not filed within the stipulated period, interim order as passed by this Court shall stand vacated automatically. It is further clarified that interim order shall remain in existence till the filing of the petition, if any, before appropriate authority, who thereafter shall consider prayer, if any for interim orders".

Heard. Taking into consideration the fact that as the petitioners could not approach appropriate authority within stipulated period in accordance with law and they are praying further time of six weeks, this Court finds that interest of justice would be met, in case, the time to approach appropriate authority is extended by further four weeks. Accordingly, interim order dated 9th January, 2017, passed in CWP No. 1312 of 2013, which was operative for two weeks, is extended for further period of four weeks. The petitioners will be at liberty to approach appropriate authority within an extended period of four weeks from today, i.e., 21st February, 2017. It is made clear that in case, the petitioners do not approach appropriate authority within stipulated period, interim order passed by this Court on 9th January, 2017 shall stand vacated automatically, which will remain operative only till 21st February, 2017.

In view of the above, the writ petition stands disposed of alongwith pending application(s), if any. Copy dasti.