The New India Assurance Co.Ltd v. Harishankar Prasad And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1130 of 1996 ====================================================== THE NEW INDIA ASSURANCE CO.LTD ... ... Petitioner/s

Versus

HARISHANKAR PRASAD & ORS ... ... Respondent/s ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 24-11-2017 This application has been filed in the year 1996 and it pertains to restoration of a Miscellaneous Appeal filed challenging an award passed by the Motor Accident Claims Tribunal on 29.6.1994. The application is pending since 1996. More than 21 years have passed and till date even the respondents have not been served. Records indicate that in spite of repeated opportunities being granted, service to respondent No.7 has not been effected. Even today none appears for the applicant.

Taking note of the totality of the facts and circumstances, now, after such a long period of time, I see no reason to grant any restoration of the Appeal which was dismissed way back in the year 1994.

(Rajendra Menon, CJ) K.C.Jha/- U