M/s STA BGM & MSRSC (JV), Amidha vs Eastern Coalfields Limited and Others

Sanjay Kumar Dwivedi, J

This petition has been listed on the objection of the Office with regard to deposition of the Power of Attorney of Jayanta Sharma for filing of the present case on maintainability and on the main issue.

Mr. Pradip Kumar Tarafdar, the learned Senior counsel appearing on behalf of the petitioners submits that the photocopy of the Power of Attorney is annexed with the C.M.P and in view of para-D the authorization is there to file any writ petition in the Hon’ble Court or the Court(s) in India. He submits that original Power of Attorney is deposited before the learned Registrar General of this Court in connection with Commercial Appeal No.4 of 2024 and the receipt of depositing the said Power of Attorney is annexed with the I.A. No.2787 of 2025 and the said I.A has been filed for ignoring such defect. He submits that in view of that, that defect may kindly be ignored.

Mr. Rajesh Lala, the learned counsel appearing on behalf of the Opp. Parties opposed the prayer and submits that the Power of Attorney is not made for the purpose of filing of the present CMP.

From the records it transpires that another Court has allowed the petition to be presented by Jayanta Sharma in W.P.(C) No.164 of 2024 contained in annexure -2. It is an admitted position that Power of Attorney is deposited with the Registrar General of this Court in Commercial Appeal No.4 of 2024 and the same is still lying as has been disclosed at Bar by the learned Senior counsel appearing on behalf of the petitioner. From the photocopy of the Power of Attorney which is annexed with the petition it transpires that the Power of Attorney is further meant to sign, verify and file any writ petition in the Hon’ble Court or the Court of India and in view of that, it appears that Jayanta Sharma is also authorized to file any petition before the Court of India and the said Power of Attorney is still deposited with the Registrar General and the receipt of that has been annexed with the I.A. No.2787 of 2025. The original Power of Attorney deposited in connection with Commercial Appeal No.4 of 2024 will suffice the present CMP on behalf of Jayanta Sharma who is the Power of Attorney holder of M/s STA-BGM & MSRSC (JV), Amidha. As such, the prayer made in the instant I.A is allowed.

Defect No.62 is ignored.

The learned counsel appearing on behalf of the petitioners submits that other defects have already been removed.

The Office to check and proceed.

Let this matter appear on 17.03.2025 under the appropriate heading.