The High Court recalled an earlier order rejecting a memo of appeal and restored the Letters Patent Appeal. The court also noted the attachment of the appeal record but listed the matter for future disposal.
Recalled the earlier order and restored L.P.A. No. 430 of 2013 to its original status.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT
RANCHI
C.M.P. No. 282 of 2014
Rajesh Kumar Sahu … … … … … Petitioner
Versus
1.Union of India through Ministry of Coal
Limited
... … ... ... Respondents
CORAM: HON'BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR. JUSTICE D. N. PATEL
For the Petitioner: Mr. P.A.S. Pati For the Respondent: Mr. Rajiv Sinha (A.S.G.I.)
03/Dated : 4th December, 2014
Per Virender Singh, CJ
Through the instant application applicant-appellant is seeking recalling of the order dated 2nd July, 2014 asserting that the defects as pointed out by the office, which were directed to be removed within a stipulated period, were removed by him after the said period, as such the memo of appeal stands rejected in terms of the said peremptory order.
Learned counsel for the applicant appellant states that although the names of learned counsel for some of the respondents are indicated in the order dated 2nd July, 2014, yet the respondents were not put to formal notice till the said period, which factual aspect is not disputed by learned counsel for the respondents appearing today.
For the reasons mentioned in the instant application and there being no serious objection from the counsel appearing for the respondents, we, hereby, recall our earlier order dated 2nd July, 2014 and restore L.P.A. No. 430 of 2013 to its original status as it was maintaining on 2nd July, 2014.
The petition on hand stands disposed of accordingly.
Since the record of the Letters Patent Appeal No. 430 of 2013 is
also attached with the application, we take up the main appeal.
-2-
L.P.A. No. 430 of 2013
List the main appeal on 6th January, 2015.
Defects, if any, shall be removed within two weeks from today.
(Virender Singh, C.J.)
(D. N. Patel, J)
s.m.
Rajesh Kumar Sahu
Union of India through Ministry of Coal
Coal India Limited
Northern Coalfields Limited
Central Mine Planning & Design Instituted
Sabnam Kumar
Virender Singh
D. N. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
