Jharkhand High Court
Tribhuvan Carrier Private Ltd. (A ... vs Bharat Coking Coal Limited on 14 June, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Letters Patent Appellate Jurisdiction)
LPA No. 150 of 2020
Tribhuvan Carrier Private Ltd. (A company incorporated under the Companies Act,
1956) having its office at Tikmani House, Bariatu Road, PO and PS Bariatu,
Ranchi 834009, District Ranchi (Jharkhand); through its Director Ashish Kumar
Magan, aged about 33 years, son of Sri Surendra Mohan Magan, resident of 303,
Gharonda Apartment, Dangratoli Chowk, PO and PS - Lower Bazar, Ranchi
834001, District-Ranchi .... .... Appellant
Versus
1. Bharat Coking Coal Limited, through its Chairman-cum-Managing Director,
having its office at Koyla Bhawan, Koyla Nagar, PO and PS - Dhanbad,
PIN 826005, District-Dhanbad
2. General Manager, Contract Management Cell, Bharat Coking Coal Limited,
having its office at Koyla Bhawan, Koyla Nagar, PO and PS Dhanbad,
PIN 826005, District-Dhanbad .... .... Respondents
With
LPA No. 197 of 2020
M/s. SGPL TCPL BP (JV) (A Joint Venture Entity), having its office at
Kumardhubi, PO and PS Dhanbad, District Dhanbad- PIN 828203 (Jharkhand);
through its Authorised Signatory Ajay Singh, aged about 38 years, son of Shri
Suresh Singh, resident of Flat No.18AB, 18 th Floor Tower-2, The Empire, 16A
Gurusaday Road, PO and PS Ballygunge, District- Kolkata-700019 (West Bengal)
... ... Appellant
Versus
1. Bharat Coking Coal Limited, through its Chairman-cum-Managing Director,
having its office at Koyla Bhawan, Koyla Nagar, PO and PS - Dhanbad,
PIN 826005, District-Dhanbad
2. General Manager, Contract Management Cell, Bharat Coking Coal Limited,
having its office at Koyla Bhawan, Koyla Nagar, PO and PS - Dhanbad,
PIN 826005, District-Dhanbad .... .... Respondents
--------
(Through V.C.)
CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
-------
For the Appellants : Mr. Sumeet Gadodia, Advocate
(In both cases)
For the Respondents : Mr. Indrajit Sinha, Advocate
(In both cases)
--------
th
Order No. 05/Dated: 14 June, 2021
These are assigned matters.
2. LPA No. 150 of 2020 was filed and registered on 04.03.2020.
3. Mr. Sumeet Gadodia, the learned counsel for the appellants in
both the appeals states that when these appeals were not listed for more than
three months he submitted mentioning slips dated 24.06.2020 and 25.06.2020
for listing of these appeals.
4. These matters were listed on 01.07.2020 before
DB-I (constituting Hon'ble the Chief Justice and Hon'ble Mr. Justice Sujit
Narayan Prasad). On that day the following order was passed by DB-I:
"Let this matter be posted before a Bench of which one of us
(Sujit Narayan Prasad, J.) is not a Member."
5. These matters were assigned to DB-III by the order of the
Hon'ble the Chief Justice.
6. Mr. Sumeet Gadodia states that on 09.08.2020 he mentioned the
matter before DB-III by submitting a mentioning slip for listing of these
Letters Patent Appeals, however, the matters were again not listed for a
considerable period of time and finally LPA No. 150 of 2020 was listed
before DB-III (constituting Hon'ble Mr. Justice Aparesh Kumar Singh and
Hon'ble Mrs. Justice Anubha Rawat Choudhary) on 09.02.2021.
7. On that day the following order was passed by DB-III:
"As prayed for by learned counsel for the appellant with
consent of the Respondent's counsel, let the matter be tagged along
with L.P.A. No. 197/2020, which was on board yesterday and be
listed accordingly in the week commencing from 22.02.2021."
8. On the next date of hearing, that is, on 23.02.2021 these matters
were not heard as a letter through e-mail seeking adjournment was circulated
on behalf of Mr. Sumeet Gododia, the learned counsel for the appellants.
9. On that day the following order was passed by DB-III.
"Learned counsel for the appellants Mr. Sumeet Gadodia
has prayed for an adjournment. An email to that effect was also
circulated yesterday.
Accordingly, matters be listed after one week."
10. Thereafter, on 05.04.2021 the constitution of DB-III changed
(now it constitutes Hon'ble Mr. Justice Shree Chandrashekhar and Hon'ble
Mr. Justice Ratnaker Bhengra) .
11. On the mentioning slip dated 07.06.2021 tendered by
Mr. Sumeet Gadodia, with consent of Mr. Indrajit Sinha, the learned counsel
for the respondents-M/s Bharat Coking Coal Limited, these matters are listed
today before us.
12. Mr. Sumeet Gadodia, the learned counsel for the appellants
states that before the writ Court four bidders had filed writ petitions
and as per his knowledge M/s Balaji Projects has chosen not to prefer Letters
Patent Appeal against the common judgment dated 19.02.2020 in WP(C)
No.4771 of 2019 with analogous cases passed by the writ Court.
13. The Registry shall verify and report.
14. Mr. Sumeet Gadodia, the learned counsel further states that LPA
No. 225 of 2020 has been filed by M/s S.G. Projects Limited against the
common judgment.
15. Registry shall post LPA No. 225 of 2020 alongwith these two
Letters Patent Appeals.
16. Mr. Indrajit Sinha, the learned counsel appears for the
respondent- M/s Bharat Coking Coal Limited.
17. Mr. Indrajit Sinha, the learned counsel states that he would seek
instructions and file reply to the application under section 5 of the Limitation
Act filed in LPA No. 197 of 2020 and LPA No. 225 of 2020, within two
weeks.
18. This is second round of litigation and therefore there is no need
for a counter affidavit. The learned counsels appearing for the parties state
that pleadings are complete. The respondent- M/s Bharat Coking Coal
Limited is however permitted to file an affidavit-in-opposition if a new fact
has been pleaded by the appellants or a new document has been brought on
record.
19. Post these matters on 28.06.2021 under the heading
"For Orders".
20. Mr. Sumeet Gododia, the learned counsel for the appellants
states that he has already submitted notes of written arguments.
21. Taken on record.
22. The respondents also may submit their written submissions
before final hearing of these appeals.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
RKM/Madhav
