The Branch Manager, The Oriental Insurance Company Ltd. v. Suresh Yadav And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No 1389 of 2015 In MA 162 of 2012 ====================================================== The Branch Manager, The Oriental Insurance Company Ltd. Sakmaping, Darbhanga .... .... Petitioner/s
Versus
1. Suresh Yadav
2. Ramesh Yadav
3. Ganesh Yadav sons of Late Nathuni Yadav, residents of village- Kouar, P.O.- Gada Tole, Via- Ghoghardiha, P.S.- Phulparas, District- Madhubani
4. Dasai Ram son of Serilal village Kishi Patti (Gandhi Tola), BlockGhoghardiha, District- Madhubani
5. Dipesh Chandra son of Amrit Ram, village- Ikhara, Block- Ghoghardiha, District- Madhubani
6. Jai Prakash Singh son of Janak Singh Village- Baika, P.O.- Bisanpur, P.S.- Phulparas, District- Madhubani .... .... Opposite Parties ====================================================== For the Petitioner/s : Mr. Barun Kumar Choudhary ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 05-01-2018 Two weeks peremptory time was granted by order dated 06.01.2015 to remove the defects pointed out by the office in MA No 162 of 2012 including supply of the certified copy of the award dated 13.12.2011 against which MA No 162 of 2012 has been preferred.
Counsel for the appellant submits that immediately thereafter chirkut had been filed on 09.01.2015 and after the same was made available to him, he has placed on record the certified copy of the award along with the instant MJC application for
Patna High Court MJC No.1389 of 2015 (4) dt.05-01-2018 2/2 restoration. It is submitted by the counsel for the appellant that all other defects, which have been pointed out by the office, have been removed.
In view of the aforesaid order dated 06.01.2015, MA No 162 of 2012 has stood dismissed for non-compliance. Now since the award has been placed on record and since there are no other defects, counsel for the appellant prays that the appeal may be restored to its original file.
Having heard counsel for the petitioner, this application is allowed and MA No 162 of 2012 is restored to its original file an number.
The original copy of the award filed along with this case may be placed on the records of MA No 162 of 2012. (Madhuresh Prasad, J) M.E.H./- U