M/S. Agrawal Global Infratech ... vs Ramiya-Hs (Jv) & Others
2021 Latest Caselaw 268 Jhar

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            L. P. A. No. 112 of 2020
M/s. Agrawal Global Infratech Private Limited            ....      Appellant
                                   Versus
Ramiya-HS (JV) & others                                  ....      Respondents
                                       With
                             L. P. A. No. 119 of 2020
The State of Jharkhand & others                          ....      Appellant
                                   Versus
M/s. Vinod Kumar Jain & another                         ....         Respondents
                                        With
                              L. P. A. No. 232 of 2020
The State of Jharkhand & others                            ....       Appellant
                                     Versus
M/s. Vinod Kumar Jain & another                            ....       Respondents
                                        With
                              L. P. A. No. 233 of 2020
The State of Jharkhand & others                            ....       Appellant
                                     Versus
M/s. Vinod Kumar Jain & another                            ....       Respondents
                                        With
                              L. P. A. No. 234 of 2020
The State of Jharkhand & others                            ....       Appellant
                                     Versus
M/s. Ramaiya Construction Pvt. Ltd. & another              ....       Respondents
                                     With
                              L. P. A. No. 85 of 2020
N.G. Projects Ltd.                                         ....       Appellant
                                     Versus
 The State of Jharkhand & others                              ...      Respondents
                                     With
                              L. P. A. No. 113 of 2020
M/s Agrawal Global Infratech Private Limited               ....       Appellant
                                     Versus
M/s Vinod Kumar Jain and others                            ....       Respondents
                                 ---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mrs. Justice Anubha Rawat Choudhary Through Video Conferencing

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For the Appellant : Mr. Vikash Singh, Sr. Advocate, M/s. Dipika Aliya, : D.K. Chakravorty, Advocates (LPA 112/2020) : Mr. Deepak Kumar Prasad, Advocate (LPA 85/2020) : Mr. Anil Kumar Sinha, Sr. Advocate, :Mr. Dilip Kumar Chakravorty, Advocate (LPA 113/2020) For the Appellant-State : Mr. Rajiv Ranjan, Advocate General : Mr. Piyush Chitresh, A. C to A.G.

For the Resp. No.1 :M/s. Sumeet Gadodia, Shilpi Sandil, Advocates (LPA 119/2020, 232/2020, 233/2020, 85/2020, 113/2020) For the Respondent No. 2 : Mr. Dilip Kr. Chakravorty, Advocate (LPA 119/2020) Mr. Deepak Kumar Prasad, Advocate (LPA 233/2020) For the Respondents : Mr. Dilip Kr. Chakravorty, Advocate (LPA 234/2020)

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05/19.01.2021 Let L.P.A. Nos. 119 of 2020, 232 of 2020, 233 of 2020, 234 of 2020, 85 of 2020 and 113 of 2020, which are on Board today are being tagged together as they arise out of the common impugned judgment passed in four writ petitions.

There are surviving defects to be removed in L.P.A. Nos. 112 of 2020, 119 of 2020, 232 of 2020, 233 of 202 and 234 of 2020. L. P. A. No. 112 of 2020 Learned senior counsel, Mr. Vikash Singh, assisted by Ms. Dipika Aliya and Mr. D. K. Chakraverty, submits that surviving defects relating to filing of limitation petition has been removed. However, I.A. for condonation of delay filed yesterday, has not been placed on record. Office to place the I.A. on record. However, other surviving defect relating to correct cause title page of certified copy of the impugned order, is ignored as the nomenclature of the impugned order starts with the name of the writ petitioner/appellant herein himself.

LPA No. 119/2020 Learned Advocate General, Mr. Rajiv Ranjan, assisted by Mr. Piyush Chitresh appears for the appellant-State and submits that surviving defect nos. 7 and 8 have been removed by filing typed copy of relevant pages and also supplementary affidavit. He however, submits that the remaining surviving defects, as under, shall be removed within a period of one week.

1. C.C of impugned order with AFS of Rs. 15/- may be filed.

4. T/C of page 95, 434, 478, 502, 514, 515, 547 & 548 may be filed.

5. T/C of page 469 to 471 may be paginated as per true copy. Accordingly, subsequent pages may be repaginated, then, index and learned O.C certificate on page-1 may be updated.

6. T/C of page-373 may be placed after complete Annexure-9.

Learned counsel for the Appellant-State undertakes to serve the pleadings along with its enclosure on learned counsel for the respondent no. 1, Mr. Sumeet Gadodia.

Learned counsel, Mr. D.K.Chakravorty submits that he seeks to enter appearance by filing Vakalatnama on behalf of respondent no. 2 within one week.

Let the name of Mr. Sumeet Gadodia and Mr. D.K. Chakravorty appear for the respondent nos. 1 and 2 respectively in the cause list henceforth.

L. P. A. No. 232 of 2020

Learned Advocate General, assisted by Mr. Piyush Chitresh appear for the appellant-State and submits that limitation petition (I.A. No. 4567 of

2020) has been filed for condonation of delay of 153 days. Rest of the surviving defects, as under, shall be removed within a week.

1. P.O. & P.S of appellant no. 1 to 4 may be given

2. Name of Hon'ble Judge may be corrected at para-2 of memo

3. Pagination may be given at Index page and synopsis.

4. Type copy of page nos. 85,90,91,107,119,125 to 129, 184, 185, 187, 189, 191, 204, 225 and 231 may be given.

5. Annexure numbers may be verified and corrected at page no. 61 of memo

6. Details of Annexure- 4 & 6 may be verified and corrected at Index page and page nos. 15 & 17 of this memo as per respective annexures.

7. Pagination may be corrected after page no. 81 of memo.

8. Some pages of annexures are multipaginated. It may be corrected.

9. Unnecessary annexure numbers are mentioned at some pages of annexures. It may be deleted.

10. Typed copy of page no. 199 may be tagged after respective annexure.

Leaned counsel, Mr. Sumeet Gadodia appears for the respondent no. 1 on caveat. Let copy of the entire pleadings along with its enclosures be served upon him within one week.

L. P. A. No. 233 of 2020

Learned Advocate General, assisted by Mr. Piyush Chitresh appear for the appellant State and submits that limitation petition (I.A. No. 4569 of 2020 has been filed for condonation of delay of 153 days. Rest of the surviving defects as under shall be removed within a week.

4. Annexure-10 appears to be incomplete.

6. Page no. 70,96,107,113,156 & 245 are handwritten/faint. True typed copy may be filed.

Mr. Sumeet Gadodia appears for the respondent no. 1 on caveat. Mr. Deepak Kumar Prasad, learned counsel seeks to enter appearance on behalf of respondent no. 2 and submits that he has filed Vakalatnama today.

Let the names of Mr. Sumeet Gadodia and Mr. Deepak Kumar Prasad be reflected in the cause list for the respondent nos. 1 and 2 respectively henceforth.

Copy of entire pleadings along with its enclosures be served upon learned counsel for the respondent no. 1, Sumeet Gadodia and respondent no.2, Mr. Deepak Kumar Prasad within one week. L. P. A. No. 234 of 2020

Learned Advocate General, assisted by Mr. Piyush Chitresh appear for the appellant State and submits that limitation petition (I.A. No. 4565 of 2020 has been filed for condonation of delay of 153 days. Rest of the surviving defects, as under, shall be removed within a week.

1. Address and details of appellant no. 2 to 6 & respondent no. 2 may be given as per C.C of impugned order.

2. Seriatum of respondents may be corrected.

3. Name of respondent no. 1 may be corrected.

4. Name of Hon'ble Judge may be corrected at para-2.

5. Annexure details of annexure-11 at para-6(jj) may be corrected.

6. Annexure details of annexure-4 in Index & at apge-14 may be corrected.

7. Case no. may be corrected at prayer portion.

8. Annexure-9, 11 & 12 are multipaginated . They may be corrected.

9. Page no. 151, 152, 157 & 158 are faint/handwritten. True typed copy may be filed.

Mr. Dilip Kumar Chakravorty seeks to enter appearance on behalf of respondent, M/s. Agrawal Global Infratech Private Ltd. and undertakes to file Vakalatnama within a week.

Let copy of the entire pleadings along with its enclosures be served upon learned counsel, Mr. D. K. Chakravorty within one week.

Let the name of Mr. D. K. Chakravorty appear in the cause list henceforth on behalf of respondent no. 1.

Office to verify whether defects have been removed in L.P.A. Nos. 119/2020, 232/2020, 233/2020, and 234/2020. Let the cases be listed on 28th January, 2021, as prayed for by learned counsel for the appellants, under the appropriate heading.

Learned counsel for the appellants as also the appearing respondents should submit their written notes and decisions, on which they seek to rely, latest by 25th January, 2021 in hard copy and through e-mail to the Court Master in respective appeals.

Meanwhile, service of pleadings upon the learned counsels appearing for the concerned respondents be effected as indicated hereinabove.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) Jk