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2011 Supreme(Pat) 1999

R.M.DOSHIT, BIRENDRA PRASAD VERMA
Regional Provident Fund Commissioner, Bihar – Appellant
Versus
Sulabh International Social Service Organization – Respondent


Advocates:
For the Respondent: M/s Shashi Anugrah Narayan, Lalit Kishore, Syed Alamdar Hussain, Shashi Bhushan Kumar.

ORDER

This Appeal under Clause 10 of the Letters Patent is preferred by the Regional Provident Fund Commissioner, Bihar (hereinafter referred to as “the Commissioner”) against the order dated 13th June 2011 made by the learned single Judge pending the above CWJC No. 9402 of 2011.

2. With the consent of the learned Advocates, the Appeal is heard and decided today.

3. Learned counsel Mr. Shashi Anugrah Narain has appeared for the respondent

M/s Sulabh International Social Service Organization, the writ petitioner. He has raised a preliminary objection against the maintainability of the present Appeal. He has submitted that against the impugned order dated 13th June 2011, the Commissioner has filed Interlocutory Application No. 5576 of 2011 for vacation of the interim relief. Pending the said application, the present Appeal has been preferred without disclosing the factum of the said application. He has also submitted that the factum of the present Appeal is not disclosed in the aforesaid Interlocutory Application No. 5576 of 2011. The appellant is, therefore, guilty of suppressio veri. The Appeal requires to be dismissed on that ground alone. He has next submitted that the impugned order

























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