IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 781 of 2024 1.Jagadyal Bedia 2. Medhan @ Medhnath Bedia (now deceased) 3. Shivdayal Bedia 4. Krishna Bedia … … Petitioners Versus 1. Deputy Commissioner, Hazaribagh (now Ramgarh) 2. The Deputy Chief Engineers (Const.) East Central Railway 3. Jhubas Bedia 4. Jagmohan @ Mohan 5. Lalmohan … … 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. 172 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. The learned counsel has submitted that so far as opposite party no. 3 is concerned, the notice has returned unserved but they are proforma opposite parties. If the Award is enhanced they would also be benefitted by itself. Notice upon opposite party nos. 4 and 5 has been served through their son. He has also submitted that there is also a petition seeking condonation of delay being I.A. No. 9602 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. 172 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. 2 2 3. Counsel for the opposite parties has no serious objection. The fact remains that no counter affidavit as such has been filed by the opposite party nos. 1 and 2. 4. After hearing the learned counsel for the parties and upon going through the interlocutory application being I.A. No. 9602 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. 9602 of 2024 stands disposed of. 6. So far as First Appeal No. 172 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. 172 of 2018 is extended till 31.01.2025. 7. If the defects in the F.A. No. 172 of 2018 is removed within extended time, post the First Appeal No. 172 of 2018 on 04.02.2025. 8. This CMP is accordingly disposed of. (Anubha Rawat Choudhary, J.) Binit