VIRENDER SINGH,C.J. - (1.) I.A. No. 5486 of 2015 (LPA 553 of 2015) For the reasons carved out in the instant application and there being no serious objection from the other side, the delay of 04 days in filing L.P.A. No. 553 of 2015 is hereby condoned. I.A. No. 5486 of 2015, stands disposed of accordingly. L.P.A. No. 553 of 2015 and L.P.A. No. 550 of 2015 Since Mr. Ayush Aditya, Advocate appears for respondent-writ petitioner Ashutosh Shankar in L.P.A. No. 553 of 2015, Caveat No. 98 of 2015 stands discharged.
(2.) Aggrieved of the impugned order dated 31st July, 2015 whereby two writ petitions being W.P.S. No. 6068 of 2008, filed by respondent No. 1- writ petitioner Ashutosh Shankar and other being W.P.S. No. 6389 of 2008 filed by respondent No. 1-writ petitioner Mahesh Kumar, the instant two Letters Patent Appeals viz. L.P.A. No. 553 of 2015 and L.P.A. No. 550 of 2015 have been filed by the appellant-State Bank of India.
(3.) Since there was delay of only 04 days in filing L.P.A. No. 553 of 2015, the same stands condoned vide our separate order passed in I.A. No. 5486 of 2015. L.P.A. No. 553 of 2015 is thus ripe for consideration. However in L.P.A. No. 550 of 2015 arisen from W.P.S. No. 6389 of 2008 Registry has pointed out certain defects which have not been removed by the appellant-Bank till date. Not only that, even a formal application for condonation of delay has also not been filed, may be there being delay of 04 days only. Since in both the appeals common issues are involved and for that purpose clubbed by the learned Writ Court also resulting into passing of a common judgment impugned herein, we have also taken up both the appeals on board for their consideration as the order passed in L.P.A. No. 553 of 2015 which is otherwise ripe for its consideration, will govern L.P.A. No. 550 of 2015 also. We thus, ignoring the defects pointed out by the Registry in L.P.A. No. 550 of 2015, considering that adjourning the matter for that purpose would delay consideration of these two appeals unnecessarily, more so when one of the respondents- writ petitioner namely Ashutosh Shankar have already filed contempt proceeding before the learned Writ Court where in the show cause, the appellant-Bank has taken an excuse of filing Letters Patent Appeal before this Court and get the contempt proceeding stalled.;