Tribhuvan Carrier Private Ltd. (A ... vs Bharat Coking Coal Limited
2021 Latest Caselaw 2070 Jhar

   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                             ... ... Petitioner/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/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, 18th Floor Tower-2, The Empire, 16A
Gurusaday Road, PO and PS Ballygunge, District- Kolkata-700019 (West Bengal).
                                                   ... ... Petitioner/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/Respondents

                                    With
                            LPA No. 225 of 2020

M/s. SG Projects Limited (A company registered under the Companies Act, 1956),
having its office at 613, Jasmine Tower, 31, Shakespeare Sarani, Po and PS
Kolkata, District Kolkata , PIN 700017 (West Bengal), through its Director Ajay
Singh, aged about 37 years, son of Shri Suresh Singh, resident of Flat No. 18 AB,
18th Floor Tower-2, The Empire, 16A Gurusaday Road, PO and PS Ballygunge,
District- Kolkata-700019 (West Bengal).
                                                    ... ... Petitioner/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/Respondents
.                                   --------
                                                                (Through V.C.)
                                      -2-         LPA No. 150 of 2020 & analogous cases



 CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
                 HON'BLE MR. JUSTICE RATNAKER BHENGRA
                                   -------

For the Appellants : Mr. Sumeet Gadodia, Advocate (In all cases) For the Respondents : Mr. Indrajit Sinha, Advocate (In all cases)

--------

th Order No. 06/Dated: 28 June, 2021 IA No. 4192 of 2020 in LPA No. 150 of 2020 This Interlocutory Application was filed for early hearing of LPA No. 150 of 2020.

By an order dated 14.06.2021, LPA No.150 of 2020 and LPA No. 197 of 2020 were directed to be listed today. Now, these appeals shall be heard finally and therefore Interlocutory Application No. 4192 of 2020 has been rendered infructuous.

Ordered accordingly.

IA No. 3613 of 2020 in LPA No. 197 of 2020 With IA No. 4120 of 2020 in LPA No. 225 of 2020

LPA No. 225 of 2020 has been filed against the common judgment dated 19.02.2020 passed in the batch of writ petitions in which the appellant's writ petition was WP(C) No. 4217 of 2019.

LPA No. 197 of 2020 is directed against the aforesaid common judgment passed in WP(C) No. 4218 of 2019, which was preferred by the present appellant.

IA No. 3613 of 2020 has been filed seeking condonation of delay of 65 days in filing LPA No. 197 of 2020.

IA No. 4120 of 2020 has been preferred for condonation of delay of 107 days in filing LPA No. 225 of 2020.

Almost common grounds are raised in both the Interlocutory Applications for condonation of delay in filing the Letters Patent Appeals.

Mr. Indrajit Sinha, the learned counsel for the respondent-M/s Bharat Coking Coal Limited submits that the facts narrated by the appellants in the Interlocutory Applications which according to them are the reasons for delay in filing the appeals are not supported by necessary details and, most importantly, the relevant dates are missing in the applications. The learned counsel submits that in view of the subsequent

-3- LPA No. 150 of 2020 & analogous cases

developments LPA No. 225 of 2020 is liable to be dismissed.

Mr. Sumeet Gadodia, the learned counsel for the appellants however submits that these Interlocutory Applications deserve consideration especially for the reason that by an order dated 23.03.2020, the Hon'ble Supreme Court in "Suo motu Writ Petition (Civil) No. 03 of 2020: In re cognizance for extension of limitation" in exercise of the powers under Article 142 read with Article 141 of the Constitution of India has ordered that the period of limitation for filing petitions in respect of Courts/Tribunals across the country including the Hon'ble Supreme Court stand extended. The period of limitation was extended with effect from 15.03.2020 till further orders.

The contention raised by the learned counsel for the appellants is that by virtue of the aforesaid order dated 23.03.2020 passed by the Hon'ble Supreme Court the Letters Patent Appeals preferred by the appellants would be well within the period of limitation, for the impugned judgment was passed on 19.02.2020.

We are satisfied that by virtue of the order dated 23.03.2020 passed by the Hon'ble Supreme Court, the period of limitation for filing LPA Nos. 197 of 2020 and 225 of 2020 stood extended and while so the present Interlocutory Applications deserve to be allowed.

Ordered accordingly.

IA No. 3613 of 2020 in LPA No. 197 of 2020 and IA No. 4120 of 2020 in LPA No. 225 of 2020 are allowed.

LPA No. 225 of 2020 Though this Letters Patent Appeal is not on Board today -- only IA No. 4120 of 2020 filed under section 5 of the Limitation Act is listed today; with the consent of the learned counsels appearing for the parties objection to maintainability of LPA No. 225 of 2020 raised by the respondent is heard.

This objection was taken by Mr. Indrajit Sinha, the learned counsel for the respondent-M/s Bharat Coking Coal Limited also in course of his arguments on the issue of condonation of delay.

The appellant has also brought on record the subsequent facts. After the order passed by the learned Writ Court on 19.02.2020 a show cause notice was issued to M/s SG Projects Limited in its individual

-4- LPA No. 150 of 2020 & analogous cases

capacity and a final order has been passed on 03.02.2021.

Mr. Indrajit Sinha, the learned counsel for the respondent -M/s Bharat Coking Coal Limited states that the appellant-M/s SG Projects Limited has filed a separate Writ Petition challenging the order dated 03.02.2021 and while so it is not permissible in law for it to prosecute LPA No. 225 of 2020 as a parallel proceeding.

Mr. Sumeet Gadodia, the learned counsel for the appellants, after arguing for some time, seeks permission to withdraw this Letters Patent Appeal with liberty to the appellant to raise all such grounds before the Writ Court which are available in law to M/s SG Projects Limited.

This prayer for withdrawing LPA No. 225 of 2020 made on behalf of the appellant-M/s SG Projects Limited is not objected to by Mr. Indrajit Sinha, the learned counsel for the respondent-M/s Bharat Coking Coal Limited.

Accordingly, without observing on merits of the matter, reserving a right with the appellant-M/s SG Projects Limited to raise all such grounds including a plea challenging the findings recorded by the learned Writ Court in its judgment dated 19.02.2020, LPA No. 225 of 2020 is dismissed as withdrawn.

LPA No. 197 of 2020 With LPA No. 150 of 2020

Post LPA No. 197 of 2020 along with LPA No. 150 of 2020 under the heading "Final Disposal" on 05.07.2021, subject to part heard if any.

Mr. Indrajit Sinha, the learned counsel for the respondent-M/s Bharat Coking Coal Limited states that he has filed list of dates and notes of arguments and sent a copy of the same to the Registry through e-mail also.

Taken on record.

(Shree Chandrashekhar, J.)

Sharda/Soumya/Nibha (Ratnaker Bhengra, J.)