( 2025:JHHC:19783) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 106 of 2020 M/s Bharat Coking Coal Limited, a Central Government Company, having its registered office at Koyla Bhawan, Koyla Nagar, Dhanbad, through its General Manager, Govindpur, Area No. 3, P.O. Sonardih, P.S. Madhuban, District-Dhanbad …..Petitioner Versus 1. Birju Patwa, son of late Chhotu Batwa 2. Raju Patwa, son of late Chhotu Batwa Both residents of Bhatmurna, P.O. and P.S. Katras, District- Dhanbad (Jharkhand) .…… Opp. Parties CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner : Mrs. Prerna Jhunjhunwala, Advocate For the O.P. Nos. 1 and 2: Mr. Pratiush Lala, Advocate 07/Dated: 18/07/2025 This petition has been filed for restoration of Second Appeal No. 432 of 2017 to its original file which has been dismissed on 11.12.2019 for non compliance of order dated 20.11.2019. 2. Learned counsel for the petitioner submits that there is delay of 34 days in filing the C.M.P for that I.A. No. 4356 of 2024 has been filed for condoning the delay. She submits that second appeal was dismissed for non compliance of peremptory order. She submits that second appeal was not decided on merit and since the defects have not been removed within time, the said appeal has been dismissed. She further submits that delay of 34 days has occurred due to receiving the relevant certified copy belatedly. 3. Learned counsel for the O.P. Nos. 1 and 2 opposes the prayer and submits that the suit is of the year, 2005 and the second appeal has been dismissed for non prosecution in the year 2019 and in view of that there is no merit in the C.M.P and I.A. 4. Considering that due to obtaining relevant certified copy ( 2025:JHHC:19783) 2 belatedly, the delay of 34 has occurred and second appeal was not decided on merit, the right of the petitioner will be taken away. In view of above, the delay of 34 days in filing the C.M.P. is condoned. 5. I.A. No. 4356 of 2024 stands allowed and disposed of. 6. Further, since the second appeal was not decided on merit and only for non compliance of the peremptory order, the said appeal has been dismissed, the prayer made in C.M.P. is allowed. Accordingly, Second Appeal No. 432 of 2017 is restored in its original file. 7. This C.M.P. is allowed and disposed of. Pending I.A, if any, stands disposed of. ( Sanjay Kumar Dwivedi, J.) Satyarthi/-