Patna High CourtMJC/3300/2015allowed

Deo Nandan Rai v. The Branch Manager Oriental Insurance Company Ltd. And ORS

2017-12-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3300 of 2015 IN Civil Writ Jurisdiction Case No. 13452 of 2011 =========================================================== Deo Nandan Rai son of Late Lakhan Rai, resident of Village- Bhaluradih, Police Station- Aurai, District- Muzaffarpur.

.... .... Petitioner

Versus

1. The Branch Manager, Oriental Insurance Company Limited, Zonal office, Aghoria Bazar, Muzaffarpur.

2. The State Bank of India, A.D.B. Branch, Chakkar Maidan, Muzaffarpur.

3. The Oriental Insurance Company Limited, Purmuhani, Rajendra Path, Kadam Kuan, Patna- 800003.

.... .... Opposite Parties =========================================================== Appearance :

For the Petitioner : Mr. Ranjan Kumar Singh, Advocate. For the Opposite Parties : Mr. Kaushlendra Kumar Sinha, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-12-2017 This application has been filed for restoration of C.W.J.C No. 13452 of 2011 which stood dismissed for non-prosecution by order dated 08.10.2015.

2. Learned counsel for the petitioner submits that he has been unable to procure the details of illness of the erstwhile lawyer Mr. Sunil Kumar who had been appearing in the matter and hence he has been unable to file the supplementary affidavit in support of paragraphs- 6 and 7 of the restoration petition. It is submitted that the matter relates to insurance claim and may be disposed of on merits.

3. Learned counsel for the opposite party no. 2 is present. However, none represents the opposite party nos. 1 and 3 despite valid

Patna High Court MJC No.3300 of 2015 dt.06-12-2017 service of notice.

4. The prayer for restoration is allowed and C.W.J.C. No. 13452 of 2011 is restored to its original file.

5. MJC No. 3300 of 2015 stands disposed of.

(Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 07.12.2017 Transmission Date N.A.