Jharkhand High Court
M/S Upendra Prasad & Bros vs Central Coal Fields Limited on 23 September, 2024
Author: S. N. Pathak
Bench: S.N. Pathak, Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Commercial Appeal No. 19 of 2019
With
I.A. No. 3069 of 2023
M/s Upendra Prasad & Bros, having its place of business at Area No.
4, Bermo, P.O. & P.S. Jaridih Bazar, District - Bokaro, Jharkhand
through its partner Sudhir Kumar aged about 50 years, son of Upendra
Prasad, resident of Area No. 4, Bermo, P.O. & P.S. Jaridih Bazar,
District- Bokaro, Jharkhand. ... ... Appellant
Versus
1. Central Coal Fields Limited, having its office at Darbhanga House,
P.O. Ranchi, P.S. Kotwali, District: Ranchi
2. The Chairman cum CMD, Central Coal Fields Limited, having its
office at Darbhanga House, P.O. Ranchi, P.S. Kotwali, District:
Ranchi.
3. The Director (T), OP, Central Coal Fields Limited, having its
office at Darbhanga House, P.O. Ranchi, P.S. Kotwali, District:
Ranchi
4. The General Manager (CMC), Central Coal Fields Limited, having
its office at Darbhanga House, P.O. Ranchi, P.S. Kotwali, District:
Ranchi.
5. The General Manager (A), Argada Area, CCL, Argada, P.O. &
P.S. Argada, District- Hazaribag
6. Project Officer (SG) cum Engineer in Charge, Central Coal Fields
Limited, Sikra Colliery Projects, P.O. & P.S. Sirka, District-
Ramgarh
7. The Director (F), Central Coalfields Limited, having its office at
Darbhanga House, P.O. Ranchi, P.S. Kotwali, District: Ranchi
... ... Respondents
With
Commercial Appeal No. 22 of 2019
With
I.A. No. 5408 of 2020
1. Central Coalfields Limited, a Company incorporated under the
Companies Act, having its registered Office at Darbhanga House,
P.O. -GPO, P.S.-Kotwali, District- Ranchi (Jharkhand), through its
General Manager (Administration) Sri Bimlendu Kumar, aged
about 57 years, Son of Jagdish Pandey, residing at Flat No. 2C,
Shanti Apartment, Dangra Toli, Lalpur, P.O & P.S.- Lalpur
District-Ranchi.
2. The Chairman-cum-Managing Director, Central Coalfields
Limited, Darbhanga House, P.O. - GPO, P.S.-Kotwali, District -
Ranchi (Jharkhand).
3. The Director (T), OP, Central Coalfields Limited, Darbhanga
House, P.O. - GPO, P.S. - Kotwali, District - Ranchi (Jharkhand)
4. The Director (F), Central Coalfields Limited, Darbhanga House,
P.O. - GPO, P.S. - Kotwali, District - Ranchi (Jharkhand).
5. The General Manager (CMC), Central Coalfields Limited,
Darbhanga House, P.O.-GPO, P.S.-Kotwali, District - Ranchi
(Jharkhand).
6. The General Manager (A), Argada Area, Central Coalfields
Limited, P.O & P.S. - Argada, District - Hazaribag (Jharkhand)
7. Project Officer (SG) cum Engineer in Charge, Central Coalfields
Limited, Sirka Colliery Projects, P.O. & P.S. - Sirka, District-
Ramgarh (Jharkhand). ... ... Appellants
Versus
M/s Upendra Prasad & Bros., a registered Partnership Firm, having its
Office at Area No. 4, Bermo, P.O: Jaridih Bazar, District - Bokaro,
State - Jharkhand, through its Partner and Authorized Signatory Sri
Sudhir Kumar, son of Sri Upendra Prasad, resident of Area No. 4,
Bermo, P.O. & P.S. - Jaridih Bazar, District- Bokaro, PIN 820114
(Jharkhand). ... ... Respondent
---
CORAM : HON'BLE DR. JUSTICE S.N. PATHAK
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
---
In Commercial Appeal No. 19 of 2019
---
For the Appellant : Mr. Sumeet Gadodia, Advocate
: Mr. Ritesh Kumar Gupta, Advocate
: Mr. Prakhar Harit, Advocate
For the Respondents : Mr. Amit Kumar Das, Advocate
: Ms. Swati Shalini, Advocate
In Commercial Appeal No. 22 of 2019
For the Appellants : Mr. Amit Kumar Das, Advocate
: Ms. Swati Shalini, Advocate
For the Respondent : Mr. Sumeet Gadodia, Advocate
: Mr. Ritesh Kumar Gupta, Advocate
: Mr. Prakhar Harit, Advocate
---
06/23.09.2024
I.A. No. 3069 of 2023 in Commercial Appeal No. 19 of 2019
With
I.A. No. 5408 of 2020 in Commercial Appeal No. 22 of 2019
1. The learned counsel for the parties submit that both the
commercial appeals arise out of a common judgment and both the
parties are aggrieved by the impugned judgment. They have submitted
that they do not have any objection with regard to petition for
condonation of delay filed in each of the aforesaid two cases.
2. The learned counsels have further submitted that the petition
seeking condonation of delay was filed belatedly as mentioned in
order dated 19.08.2024 explaining the delay only till the initial date of
filing of the appeal. The petition for condonation of delay was
admittedly not accompanied with the main appeal. They have further
submitted that this Court framed an issue in paragraph 3 of the order
dated 19.08.2024 noting that it was required to be decided as to
whether it was open to the parties to file petition seeking condonation
of delay at any point of time, after defects were pointed out by the
office or whether the petition for condonation of delay was to be filed
soon after such defect was pointed out by the office failing which the
appeal itself was required to be dismissed.
3. They have submitted that since both the parties are not
opposing the petition for condonation of delay and nothing has
ultimately crystalized between the parties arising out of the impugned
judgment coupled with the fact that none of the parties would be
prejudiced by the condonation of delay, the petition for condonation of
delay be allowed and the aforesaid question framed by this court be
left open. They further submitted that in the intervening period there
was COVID-19 pandemic and by the judgment passed by the Hon'ble
Supreme Court, the period from 15.03.2020 to 28.02.2022 was
excluded for all the litigations.
4. After hearing the learned counsel for the parties, this court finds
that both the parties are aggrieved by the same judgment and nothing
has crystalized in favour of either of them so far. Both the parties are
not opposing the prayer for condonation of delay coupled with the fact
that substantial period of COVID-19 pandemic also fell during the
intervening period. In view of the aforesaid facts and circumstances,
and with the consent of the parties I.A. No. 3069 of 2023 in
Commercial Appeal No. 19 of 2019 as well as I.A. No. 5408 of 2020
in Commercial Appeal No. 22 of 2019 seeking condonation of delay
in filing the appeals are allowed.
5. However, the issue framed in order dated 19.08.2024 is left
open which may be decided in an appropriate case.
Commercial Appeal No. 19 of 2019
with
Commercial Appeal No. 22 of 2019
6. Let the records be called for from the learned Court concerned.
7. The parties agree to finally argue the matter on 12th November
2024.
8. Post these cases on 12th November 2024 under the heading "For
Final Disposal".
9. Let this order be communicated to the court concerned through
"FAX/E-mail".
(Dr. S. N. Pathak, J.)
(Anubha Rawat Choudhary, J.)
Rakesh/Pankaj
