SUKHLAL BEDIA v. DEPUTY COMMISSIONER HAZARIBAGH ( NOW RAMGARH )
C.M.P./795/2024 · 2025-01-24
Anubha Rawat Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21907 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21907 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
CMP No. 795 of 2024
1. Sukhlal Bedia
2. Mukhlal Bedia
3. Bhima @ Bhinu Bedia
… … Petitioners
Versus
1. Deputy Commissioner, Hazaribagh (now Ramgarh)
2. The Deputy Chief Engineers (Const.) East Central Railway
3. Shivcharan @ Shivcharan Bedia … Opp. Parties ---
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
For the Petitioners : Mr. Mitul Kumar, Advocate
For the Opp. Parties : Mr. Abhijeet Kumar Singh, Advocate
---
04/24.01.2025 This petition has been filed for restoration of First Appeal No. 175 of 2018 which stood dismissed on 04.07.2022 for non-compliance of order dated 09.12.2020 due to non-removal of defects within the peremptory time.
2. He has also submitted that there is a petition seeking condonation of delay being I.A. No. 9606 of 2024. There has been a delay of around 730 days in filling this restoration application. The
learned counsel submits that the delay be condoned and the First Appeal No. 175 of 2018 be restored to its original file. He submits that the reason for condonation of delay has been mentioned in the interlocutory application and there has been no willful delay or willful non-compliance of the peremptory order passed by this court in First Appeal. He has also submitted that a number of appeals arising out of the same Award are pending before this court.
3. Counsel for the opposite parties has no serious objection to the prayer made by the petitioner.
4. After hearing the learned counsel for the parties and upon going through the interlocutory application being I.A. No. 9606 of 2024 and being satisfied with the cause shown in the petition, the delay in filing the petition is hereby condoned.
5. I.A. No. 9606 of 2024 stands disposed of.
2
6. So far as First Appeal No. 175 of 2018 is concerned, this court has gone through the petition and being satisfied with the cause shown and the fact remains that a number of appeals arising out of the same Award is pending before this court, the time granted by this court to remove the defects vide order dated 09.12.2020 in F.A. No. 175 of 2018 is extended till 31.01.2025.
7. If the defects in the F.A. No. 175 of 2018 is removed within extended time, post the First Appeal No. 175 of 2018 on 04.02.2025.
8. This CMP is accordingly disposed of.
(Anubha Rawat Choudhary, J.) Binit