Central Coalfields Limited Vs Rabiya Khatoon and Ors.

IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.277 of 2017

…… Central Coalfields Limited --- --- Petitioner Versus Rabiya Khatoon & Ors. --- --- Opp. Parties. --- CORAM : The Hon’ble Mr. Justice Aparesh Kumar Singh

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--For the Petitioner : Mrs. Ritu Kumar, Adv. Mr. Samavesh Bhanj Deo, Adv. For the O.P.-State : A.C. to S.C. (L & C)-II ---

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12/18.01.2020 Heard learned counsel for the petitioner.

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Despite valid service of notice, opposite parties have not entered

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appearance.

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Petitioner seeks restoration of First Appeal No.152/2007 which was dismissed for non-compliance of the peremptory order dated 20^th July 2017 on failure to file requisites within the time prescribed for service of notice on respondent nos. 1 to 5.

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Learned counsel for the petitioner submits that the award passed in Land Reference Case No.44 of 1993 was under challenge in the first appeal. This Court had been pleased to admit the appeal and issued notice on the respondents. Inadvertently the requisites were not filed within the prescribed time. The appellants are not at fault but would suffer irreparably, since they have a good case on merits.

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There is no opposition to the prayer since opposite parties have not entered appearance despite valid service of notice.

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Having considered the grounds urged and the submissions of the learned counsel for the petitioner, let First Appeal No.152 of 2007 be restored to its original file subject to payment of cost of Rs.2,000/- to JHALSA within a period of two weeks and receipt thereof be filed within the same time. Upon restoration of the appeal, requisites for service of notice on the opposite parties need to be filed and substitution of some of the opposite parties may also be required to be done. The instant petition stands disposed of accordingly.

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( Aparesh Kumar Singh, J.)

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Shamim/

Central Coalfields Limited v. Rabiya Khatoon and Ors.

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Central Coalfields Limited v. Rabiya Khatoon and Ors.

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