M/S Bharat Coking Coal Limited vs Inder Rajwar & Ors
2023 Latest Caselaw 782 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 S.A. No. 518 of 2018
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M/s Bharat Coking Coal Limited .... .... .... Appellant Versus Inder Rajwar & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mrs. Swati Shalini, Advocate For the Respondents : Mr. Diva Kant Roy, AC to SC Mines-I

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Order No.06 Dated- 14.02.2023 I.A. No.1876 of 2019 This interlocutory application has been filed with a prayer to condone the delay of 154 days in filing this appeal.

It is submitted by the learned counsel for the appellant that the officials of the appellant company after coming to learn about the impugned judgment, contacted their conducting lawyer to move for appeal but some time was consumed in taking the decision to file an appeal as the file was scrutinized by the concerned legal department of the appellant company and some more legal opinion was obtained from the panel lawyer. Hence, the same resulted in delay in filing the second appeal. It is further submitted by the learned counsel for the appellant that the appellant has very good grounds to agitate in this appeal and the delay was neither intentional nor deliberate and unless the delay of 154 days is condoned, the appellant will be highly prejudiced.

Considering the aforesaid facts, the delay of 154 days in filing this appeal is condoned.

This interlocutory application stands disposed of accordingly.

(Anil Kumar Choudhary, J.) S.A. No. 518 of 2018 Notice issued to the respondent nos.1 and 5 has returned with the report that the respondent nos.1 and 5 have died since long but no prayer for substitution has been made as yet.

Hence, this appeal abates against the respondent nos.1 and 5.

The learned counsel for the appellant prays for time to advance argument in the matter of Admission.

Prayer for time is allowed as the last chance. List this appeal after eight weeks under Order XLI Rule 11 C.P.C.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)