Allowed¶37

Surendra Kumar v. M/S Central Coalfields Limited through Its Chairman Cum Managing Director

Jharkhand HC12 Jun 2026C.M.P./839/2024

Case brief

AI extract

What is this about?

Condonation of delay of 305 days; restoration of LPA No.200 of 2021 dismissed on 19.09.2023 for non-compliance of order dated 05.09.2023; C.M.P. No.839 of 2024; I.A. No.10000/2024; Central Coalfields Limited (CCL); Jharkhand High Court, Ranchi; liberal view; cost Rs.2000/- to Jharkhand High Court Advocates' Clerks Association; service of memo of appeal by 15.06.2026.

What did the court decide?

Delay of 305 days condoned and I.A. No.10000/2024 allowed with Rs.2000/- cost to be deposited in the Jharkhand High Court Advocates' Clerks Association; LPA No.200 of 2021 restored to its original file; C.M.P. No.839 of 2024 allowed subject to removal of defects, if any; copy of memo of appeal to be served upon learned counsel for the CCL by Monday, i.e., 15.06.2026 ¶37

Surendra Kumar Vs M/S Central Coalfields Limited through Its Chairman Cum Managing Director — Jharkhand HC (2026) — LawSathi Research

¶1

2026:JHHC:17013-DB

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.839 of 2024

¶3

------

¶4

Surendra Kumar, aged about 33-years, S/o Late Sodhan Dusadh R/o Village-Bijan Bahera, P.O. & P.S.-Bachra, District-Chatra

¶5

…. …. Petitioner

¶6

Versus

¶7

1. M/S Central Coalfields Limited, a Subsidiary of Coal India Limited having its registered office at Darbhanga House, Ranchi, P.O.G.P.O., Ranchi, P.S.-Kotwali, District-Ranchi through its Chairman-cum-Managing Director.

¶8

2. Director (Personnel) Central Coalfields Ltd. Darbhanga House, Ranchi, P.O.-GPO Ranchi, P.S.-Kotwali, District-Ranchi.

¶9

3. General Manager, Rajhara Area, Central Coal fields Ltd; P.O. & P.S.-Rajhara, District-Latehar.

¶10

4. Project Officer, Tetariakhar Project, Rajhara Area, Central Coalfields Ltd, P.O. & P.S.-Chandwa, District-Latehar. ..... .... Respondents/Respondents

¶11

CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SANJAY PRASAD

¶12

------ For the Petitioner : Mr. Sushant Kr. Sinha, Advocate For the Respondent : Mr. Amit Kr. Das, Advocate

¶13

------ 06/Dated: 12.06.2026

¶14

I.A. No.10000/2024

¶15

1. The instant interlocutory application has been filed for condoning the delay of 305 days in filing this petition.

¶16

2. The ground has been taken in the application that the petitioner was under bonafide belief that the LPA thus filed was being pursued but for not removing the defects and in view of the peremptory order passed by the Court, the appeal being L.P.A. No.200 of 2021 stood dismissed for non-compliance of the order dated 05.09.2023.

¶17

3. Learned counsel for the petitioner has submitted that the petitioner was quite ignorant of the order passed on 05.09.2023 and as such, the defects could not have been removed. But the

¶18

¶19

2026:JHHC:17013-DB

¶20

moment, the petitioner came to know about the dismissal of the appeal, by that time, the delay of 305 days has already occurred.

¶21

4. Submission, therefore, has been made that the delay in filing the instant civil misc. petition may be condoned, otherwise, the petitioner will suffer irreparable loss and injury and the issue, which is the subject matter of the appeal, will remain undecided.

¶22

5. Mr. Amit Kr. Das, learned counsel for the CCL, however, has made objection in condoning the delay.

¶23

6. This Court has heard the learned counsel for the parties.

¶24

7. This Court is of the view that the matter pertains to restoration of LPA being LPA No.200 of 2021 and as such, if the delay in filing the instant civil misc. petition will not be condoned, the issue which is the subject matter of the appeal, will remain undecided on merit.

¶25

8. This Court, taking the liberal view, is of the view that the delay in filing the instant petition is to be condoned.

¶26

9. Accordingly, the delay of 305 in filing the instant petition, is hereby, condoned.

¶27

10. In view thereof, I.A. No.10000 of 2024 stands allowed with the cost of Rs.2000/- which shall be deposited in the Jharkhand High Court Advocates’ Clerks Association and submit its receipt thereof.

¶28

C.M.P. No.839 of 2024

¶29

11. The instant civil misc. petition has been filed for restoration of LPA No.200 of 2021 which has been dismissed on 19.09.2023 for non-

¶30

¶31

2026:JHHC:17013-DB

¶32

compliance of the order dated 05.09.2023.

¶33

12. Learned counsel for the petitioner has submitted that LPA No.200 of 2021 which has been dismissed on 19.09.2023 for non-compliance of the order dated 05.09.2023, may be restored to its original file, otherwise, the petitioner/appellant may suffer irreparable loss and injury.

¶34

13. Learned counsel appearing for the CCL has raised no objection, rather, has fairly submitted that LPA No.200 of 2021 may be restored to its original file so that the matter may be heard and decided on merit.

¶35

14. This Court, after having heard the learned counsel for the parties and considering the submission advanced on their behalf as also the reason assigned in the instant civil misc. petition, deems it fit and proper to restore LPA No.200 of 2021, which stood dismissed on 19.09.2023 for non-compliance of the order dated 05.09.2023, to its original file.

¶36

15. In view thereof, L.P.A. No.200 of 2021is restored to its original file.

¶37

16. Accordingly, the instant Civil Miscellaneous Petition stands allowed of, subject to removal of defects, if any.

¶38

17. Mr. Amit Kr. Das, learned counsel for the CCL has submitted that the case stood dismissed in the year 2023 and as such, learned counsel for the petitioner may be directed to serve the copy of memo of appeal.

¶39

18. Upon this, learned counsel for the petitioner has submitted that by Monday, i.e., 15.06.2026, the copy of memo of appeal will be served upon Mr. Amit Kr. Das, learned counsel for the CCL.

¶40

¶41

2026:JHHC:17013-DB

¶42

19. Let the copy of memo of appeal be served upon the learned counsel for the CCL by Monday, i.e., 15.06.2026.

¶43

(Sujit Narayan Prasad, J.)

¶44

(Sanjay Prasad, J.)

¶45

12.06.2026

¶46

Rohit/-

¶47

Surendra Kumar v. M/S Central Coalfields Limited through Its Chairman Cum Managing Director

Case brief

What is this about?

What did the court decide?

Surendra Kumar v. M/S Central Coalfields Limited through Its Chairman Cum Managing Director

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Bina Oraon Vs the Union of India, through Secretary, Ministry of Labour and Employment (Dge), Govt. of India

M/S Premium Infra Logistics Private Limited Vs State of Jharkhand

Bindeshwari Prasad Rai Vs State of Jharkhand through Deputy Commissioner Deoghar

Ms Prayaas Automation Pvt. Ltd. through Its Authorised Signatory Mr Sahanowaj Khan Vs the State of Jharkhand

Nakul Singh Vs the State of Jharkhand through Its Director General of Police, Jharkhand

Vishal Vibhar Vs the State of Jharkhand through Chief Secretary