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2025 DAILYLAW 35359 (JHR)

M/S BAJRANGBALI FUEL PRODUCTS THROUGH ITS SOLE PROPRIETOR SRI RAM SWARUP RUNGTA v. CENTRAL COALFIELDS LIMITED

C.M.P./1429/2023 · 2025-05-02

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:13312 ] IN THE HIGH COURT OF JHARKHAND AT RANCHI CMP No. 1429 of 2023 1. M/s. Bajrangbali Fuel Products, a Sole Proprietorship Firm, through its Sole Proprietor Sri Ram Swarup Rungta, aged about 86 years, son of Late Ram Kumar Rungta, "Puspanjali", Karam Toli Chowk, P.O.-Ranchi University, P.S.-Bariatu, District -Ranchi - 834008; [formerly at Chatterjee international Cenre 33A Jawaharlal Nehru Road, P.O.- Middle Rao, P.S.- Park Street, 17th Floor, Room no. 8, Dist.- Kolkata 2. Ram Swarup Rungta, aged about 86 years, son of Late Ram Kumar Rungta, Resident of "Puspanjali", Karam Toli Chowk, P.O.-Ranchi University, P.S.-Bariatu, District-Ranchi-834008, Sole Proprietor of M/s. Bajrangbali Fuel Products. … Petitioners Versus Central Coalfields Limited, a Government Company within the meaning of Section 617 of the Indian Companies Act, 1956 being one of the subsidiary companies of Coal India Limited, having its registered office at Darbhanga House, Ranchi, P.O.- Ranchi University, P.S.-Kotwali, District-Ranchi, and its place of business at various places including at Kathara Washery, P.O. and P.S.-Kathara, District-Giridih (now Bokaro). … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Pandey Neeraj Rai, Adv. For the opp. party : Mr. Anupam Shandilya, Adv. 06 / 02.05.2025 Heard the parties. This civil miscellaneous petition has been filed at the instance of the petitioners for restoration of F.A. No. 217 of 2013 to its original file. Learned counsel for the petitioner submits that the F.A. No. 217 of 2013 was dismissed vide order dated 20.01.2023 for non- compliance of the order of payment of cost of Rs. 1,000/- to the respondent through the counsel appearing in the record within the peremptory period. Learned counsel for the petitioners submits that due to inadvertence, the said cost could not be paid within the peremptory period, which resulted in dismissal of F.A. No. 217 of 2013. It is further submitted that the petitioner has very good grounds to agitate in this case and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that F.A. No. 217 of 2013 be restored to its original file. Learned counsel for the opp. party has no serious objection for the prayer of restoration. Considering the aforesaid submission of the learned counsel for the petitioner, F.A. No. 217 of 2013 is restored to its original file to the stage, at which, it was before its dismissal. List F.A. No. 217 of 2013 after a week before an appropriate Bench. This civil miscellaneous petition is disposed of accordingly. (ANIL KUMAR CHOUDHARY, J.) Smita/-