M/S STA- BGM AND M-SRSC (JV), AMIDHA THROUGH ITS CONSTITUTED ATTORNEY SRI JAYANTA SHARMA v. ESTERN COALFIELDS LTD (A SUBSIDIARY OF COAL INDIA LTD)
C.M.P./256/2025 · 2025-03-24
Deepak Roshan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7178 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7178 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 256 of 2025 -----
1. M/s. STA-BGM & M-SRSC (JV), Amidha, having its office at PO and PS-Lalganj, Paschim Burdwan, West Bengal, Pin- 713359 through its constituted attorney Sri Jayanta Sharma, Age 46 years son of late Panchnan Sharma of Village-Amidha, P.O. and P.S. Lalganj, Paschim Burdwan, West Bengal, Pin-713359.
2. Sri Jayanta Sharma, aged about 43 years, S/o late Panchanan Sharma, constituted attorney of M/s. STA-BGM & M-SRSC(JV) of village-Amidha, Post Lalganj, P.S. Barabani, Paschim Burdwan, West Bengal, Pin-713359.
… … Petitioners/Applicants Versus
1. Eastern Coalfields Limited (a subsidiary of Coal India Limited), Sanctoria, Headquarters, P.O. Dishergarh, P.S- Kulti, District: Paschim Bardhaman, Pin: 713333, West Bengal, service through office of the Chairman -cum- Managing Director.
2. The Chairman-cum-Managing Director, Eastern Coalfields Limited, Sanctoria, Headquarters, P.O. Dishergarh, P.S.- Kulti District- Paschim Bardhaman, Pin Code-713333, WB.
3. The General Manager, Contract Management Cell (CMC), Eastern Coalfields Limited, Sanctoria, Headquarters, P.O. Dishergarh, P.S-Kulti District-Paschim Bardhaman, Pin Code-713333.
4. The General Manager, Mugma Area, Eastern Coalfields Limited, office at QQ86+4F7, National Highway 2, Rajpura, PO-Kumardhubi, P.S.-Maithon, Dist-Dhanbad, Jharkhand, Pin Code- 828203.
5. Agent/Chief Manager, Kapasara Mines, Eastern Coalfields Limited, office at QQ86+4F7, National Highway 2, Rajpura, P.O.- Kumardhubi, P.S- Maithon, Dist-Dhanbad Jharkhand, Pin Code-828203.
6. The Chief Manager (Personnel)/ APM, Mugma Area, Eastern Coalfields Limited, office at QQ86+4F7, National Highway 2, Rajpura, P.O.- Kumardhubi, P.S.- Maithon, Dist- Dhanbad Jharkhand, Pin-828203.
… … Opposite Parities/Respondents ------- p. 2 CORAM:
HON’BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE DEEPAK ROSHAN
------- For the Petitioners : Mr. Pradik Kumar Tarafdar, Sr. Adv
Mr. Subhojit Seal, Adv.
Mr. Shadab Eqbal, Adv
For the Respondents : Mr. Rajesh Lala, Adv
------
4/24.3.2025
Heard both sides.
2. The grievance of the petitioner in this application is that an application under order 39 Rule 1 and 2 CPC filed by it in the Commercial Suit No. 01 of 2025 before the District Judge-III cum Commercial Court, Dhanbad on 03.01.2025 has not yet been decided and is being adjourned from time to time.
3. We have perused the docket orders filed by the counsel for the petitioner. The learned Commercial Court has not assigned any reason why such application is not being taken up though it has been almost three months since its filing. It is unfortunate that the commercial Court has not even invited a counter-affidavit from the respondents to the said application under order 39 Rule 1 and 2 CPC till date. This is not expected of the Commercial Court. Therefore; this revision is disposed of directing the respondents herein to file a counter-affidavit in the said application under order 39 Rule 1 and 2 CPC by 02.04.2025 without fail, and the application itself shall be
disposed of after hearing all the parties by 15.04.2025.
4. Let this order be communicated to the Commercial Court, Dhanbad immediately.
(M.S. Ramachandra Rao, C.J.)
(Deepak Roshan, J.) Fahim/Amardeep