Disposed¶21

Arjun Kumar v. Bharat Cooking Coal Ltd.

Jharkhand HC13 Sept 2024C.M.P./306/2022

Case brief

AI extract

What is this about?

Short restoration order, High Court of Jharkhand (Ranchi), 13.09.2024, Coram: Anubha Rawat Choudhary, J. Keywords: restoration of writ petition; dismissal for non-compliance of prior order; expiry of Oath Commissioner period for curing defects; C.M.P.; W.P.(S) No. 2178 of 2020; BCCL / Bharat Cooking Coal Ltd / Moonidih Colliery service matter; SP CBI/ACB Dhanbad. Relevant for practitioners seeking precedent on restoring writ petitions dismissed for failure to comply with a defect-curing order, with consent/no objection from opposite parties.

What did the court decide?

Writ petition W.P.(S) No. 2178 of 2020 restored to its original file; Office directed to place the writ petition before the appropriate bench as per Roster; CMP disposed of. ¶21

Arjun Kumar Vs Bharat Cooking Coal Ltd. — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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C.M.P. No. 306 of 2022

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Arjun Kumar, aged about 39 years, son of Late Tilak Prasad, resident of Quarter No.2/22, Moonidih Colliery, P.O. – Moonidih, P.S. – Putki, District- Dhanbad … … Petitioner

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Versus

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Bharat Cooking Coal Ltd, a subsidiary of Coal India Ltd., Koyla Bhawan, Koyla Nagar, P.O.-Koyla Nagar, P.S-Saraidheala, District -Dhanbad.

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Director (P), Bharat Cooking Coal Ltd, Koyla Bhawan, Koyla Nagar, P.O.-Koyla Nagar, P.S- Saraidheala, District -Dhanbad.

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Project Officer, BCCL, Moonidih Colliery, Moonidih, P.O.Moonidih, P.S.-Putki, District - Dhanbad.

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The General Manager, BCCL Moonidih Colliery, Moonidih, P.O.Moonidih, P.S.-Putki, District - Dhanbad

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The Manager-cum-Inquiry Officer, BCCL, Moonidih Colliery, Moonidih, P.O.-Moonidih, P.S.-Putki, District - Dhanbad.

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The Superintendent of Police, CBI/ ACB, Dhanbad, resident at VII/2, Karmik Bhawan, P.O.-ISM Campus, P.S.- Dhanbad, Dsitrcit-Dhanbad-826004 … … Opp. Parties

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioner : Mr. Niranjan Kumar, Advocate For the Opp. Parties : Mrs. Swati Shalini, Advocate

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03 /13.09.2024 Learned counsels for the parties are present.

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2. This petition has been filed for restoration of W.P.(S) No.2178 of 2020 which has been dismissed on 13.06.2022 for non-compliance of order dated 09.05.2022.

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3. The learned counsel for the petitioner has submitted that the defect could not be removed as the period of the Oath Commissioner was over. The learned counsel has also submitted that the writ petition be restored to its original file and he will take appropriate steps in the writ petition, either to get the defects ignored or rectify the defects in the writ petition.

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4. The learned counsel for the opposite parties has no serious objection to the prayer for restoration.

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5. After hearing the learned counsels for the parties and being satisfied with the cause shown, the order dated 09.05.2022 dismissing

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the writ petition being W.P.(S) No. 2178 of 2020 is restored to its original file.

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6. This CMP is accordingly disposed of.

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7. Office is directed to place the writ petition before appropriate bench as per Roster.

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(Anubha Rawat Choudhary, J.)