The Bharat Coking Coal Limited And ANR v. M/S Swarnrekha Cokes And Coal P Ltd. And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1621 of 2016 In Civil Writ Jurisdiction Case No.17515 of 2011 ======================================================

1. The Bharat Coking Coal Limited, through its Chairman-cum-Managing Director, Koyla Bhawan, Koyla Nagar, Dhanbad, Jharkhand

2. The General Manager, Bharat Coking Coal Limited Koyla Bhawan, Koyla Nagar, Dhanbad, Jharkhand ... ... Appellant/s

Versus

1. M/s Swarnrekha Cokes & Coal (P) Ltd., a Company incorporated under Companies Act, 1956 having registered office at M.E. School Road, Jugsalai, Jamshedpur and Factory at Sugouna Basouli, District - Madhubani, Bihar through Rama Shankar Tiwari, S/o Late Ram Dutta Tiwari, RO, M.E. School Road, Jugsalai, Jamshedpur

2. The Branch Manager, Union Bank of India, Bhaguday Building 1st Floor, Bank More Branch, Dhanbad ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Vishwa Mohan Kumar Sinha For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 25-06-2018 Keeping in mind the order passed in L.P.A. No. 1213 of 2016, arising out of C.W.J.C. No. 17282 of 2011, in identical circumstances, based on which the Learned Single Judge allowed or disposed off the C.W.J.C. No. 17515 of 2011, vide order, dated 14.07.2016, which is subject matter of challenge in the present LPA, the impugned order, dated 14.07.2016 is set aside. The matter is remanded back to the Learned Single Judge for fresh consideration, keeping in mind the order, dated

Patna High Court LPA No.1621 of 2016(7) dt.25-06-2018 2/2 22.06.2017, passed in L.P.A. No. 1213 of 2016. Appeal is disposed off, accordingly.

(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) skm/- U