Jharkhand High Court
Globe Roadways Pvt. Ltd vs Tenughat Vidyut Nigam Limited on 5 February, 2025
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No. 156 of 2024
Globe Roadways Pvt. Ltd., a company duly incorporated under the
Companies Act, 1956, having its office at Thana Chowk, Ramgarh Cantt.
P.O., P.S. & District Ramgarh, through its Director Sri Tital Raj
Mangalam, aged about 74 years, son of Late R.D. Agarwal, resident of
Nehru Road, P.O., P.S. & District Ramgarh
... ... Plaintiff/Appellant
Versus
1. Tenughat Vidyut Nigam Limited, through its Chairman, Hinoo, P.O.
& P.S. Doranda, District Ranchi
2. Managing Director, Tenughat Vidyut Nigam Limited, Hinoo, P.O. &
P.S. Doranda, District Ranchi
3. Secretary, Tenughat Vidyut Nigam Limited, Hinoo, P.O. & P.S.
Doranda, District Ranchi
4. General Manager-cum-Chief Engineer, Tenughat Thermal Power
Station, Tenughat Vidyut Nigam Limited, Lalpania, P.O. & P.S. TTPS
Lalpania, District Bokaro ... ... Defendants/Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellant : Mr. Pandey Neeraj Rai, Advocate
Mr. Arpit Khandelwal, Advocate
For the Respondents : Mr. Manish Kumar,
AC to Mr. Anoop Kr. Mehta, Adv.
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th
07/5 February 2025
1. Learned counsel for the parties are present.
2. This appeal has been filed challenging the judgment dated
31.01.2024 and decree dated 08.02.2024 passed by the learned Civil Judge
(Sr. Division)-I, Bokaro in Commercial Suit No. 01 of 2022, whereby the
suit of the plaintiff was dismissed.
3. Initially one interlocutory application being I.A. No. 736 of 2025
was filed by the respondents raising a preliminary objection with regard to
maintainability of the appeal by stating that the appeal would lie before
the Commercial Court at Bokaro in terms of the provisions of Commercial
Courts Act, 2015 read with the notification issued thereunder. It has been
asserted that the judgment and decree has been passed by the learned Civil
Judge (Sr. Division) I-cum-Presiding Officer, Commercial Court, Bokaro
in Commercial Suit No. 01 of 2022 and the appellate court is the
designated court of the district judge of the district of Bokaro and
therefore the first appeal filed directly before this Court is not
maintainable.
4. In response, an interlocutory application being I.A. No. 1472 of
2025 has been filed under Order VII Rule 10-A read with Section 107 of
CPC wherein a prayer has been made to allow the memorandum of appeal
to be returned to the appellant along with court fees for being presented
before the proper court, namely, District Judge, Bokaro. However, the
learned counsel for the appellant has submitted that instead of District
Judge, Bokaro, it may be mentioned that the appeal be filed before the
Commercial Appellate Court in the district of Bokaro. He has submitted
that Commercial Appellate Court in the district of Bokaro has been
constituted. A further prayer has been made to fix a date of presentation of
the memo of appeal before the competent court and also fix a date for
appearance of the parties in the court, so that the appeal is ultimately
disposed of without wasting any further time. He has submitted that the
respondents have already appeared before this court so there may not be
any impediment for the respondents to appear before the appellate court in
terms of the order which may be passed by this Court.
5. Learned counsel for the respondents has no objection to the prayer
made by the appellant through I.A. No. 1472 of 2025.
6. After hearing the learned counsel for the parties, it is not in dispute
between the parties that this appeal is not maintainable before this Court
and the appeal would lie before the Commercial Appellate Court in the
district of Bokaro. The valuation of the commercial suit was 32,05,035/-
and therefore the case was filed before the learned Civil Judge (Sr.
Division) I, Bokaro being Commercial Suit No. 01 of 2022 whose
appellate court is the Commercial Appellate Court in the district itself. A
reference has also been made to the notification dated 08.02.2024. This
court is of the considered view that this appeal is not maintainable before
this court and is maintainable before the Commercial Appellate Court in
the district itself.
7. In view of the aforesaid, office is directed to return the memo of
appeal along with court fees to the learned counsel for the appellant upon
submission of a true copy of the memo of appeal and its enclosures by the
appellant to be retained by the office for record.
8. The appellant is at liberty to present the memo of appeal with its
enclosures and court fees so returned before the Commercial Appellate
Court, Bokaro on 04.03.2025 and the respondents shall also enter
appearance before the learned appellate court on 04.03.2025.
9. Upon their appearance, the concerned appellate court is directed to
do the needful and proceed in accordance with law.
10. During the court proceedings, both the parties are put to notice with
respect to the date of appearance before the learned Commercial Appellate
Court, Bokaro on 04.03.2025.
11. It is just to put on record that the date of filing of this appeal as
recorded in the order-sheet is 01.07.2024.
12. I.A. No. 1472 of 2025 is hereby allowed in the aforesaid terms.
13. I.A. No. 736 of 2025 filed by the respondents asserting that this
appeal is not maintainable before this court is allowed and it is held that
the present appeal is not maintainable before this Court.
14. This appeal is disposed of in the aforesaid terms.
15. Let this order be immediately forwarded to the court concerned
through FAX/e-mail.
(Anubha Rawat Choudhary, J.)
Mukul
