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Patna High CourtL.P.A/1271/2018dismissed

Pankaj Kumar v. The Life Insurance Corporation Of India Through The Chairman And ORS

2020-02-17The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1271 of 2018 In Civil Writ Jurisdiction Case No.7116 of 2013 ====================================================== Pankaj Kumar, Son of Shri Krishna Singh, Resident of Village - Kinjar, Police Station - Kinjar, District - Jehanabad at Present Resident of Flat No. A-035, Jagat Amrawati Apartment, Bailey Road, Patna. ... ... Appellant/s

Versus

1.

The Life Insurance Corporation of India Through the Chairman, Jeevan Bima Marg, P.B. No. 19953, Mumbai- 400021.

2.

The Chairman, Life Insurance Corporation of India Jeevan Bima Marg, P.B. No. 19953 Mumbai - 400021 3.

The Senior Branch Manager, Branch No. 1/C, Life Insurance Corporation of India, 60 - 61, Khan Market, New Delhi- 110003 4.

The Zonal Manager, Life Insurance Corporation of India Jeevan Bharti Building, P.S. No. 630, Connaught Place, New Delhi- 110001. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pawan Kumar Singh, Advocate For the Respondent/s :

Mr. Nilanjan Chatterjee, Advocate Mr. Sahil Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 17-02-2020 Re: I.A. No. 6998 of 2018 Heard learned counsel for the appellant and learned counsel for the respondents.

We have considered the affidavit filed in support of the delay condonation application and we find that sufficient cause has been shown to condone the delay in filing the appeal. The delay is condoned and the appeal shall be treated to be

Patna High Court L.P.A No.1271 of 2018 dt.17-02-2020 2/3 within time.

I.A. No. 6998 of 2018 stands allowed accordingly. Re: L.P.A. No. 1271 of 2018 The instant appeal, assailing the order dated 08.05.2017 passed by a learned Single Judge of this Court in C.W.J.C. No. 7116 of 2013, titled as Pankaj Kumar Vs. The Life Insurance Corporation of India & Ors., was filed on 05.09.2018. The Registry pointed out defects vide office note dated 04.10.2018. Thereafter, none bothered to remove the defects or process the matter in any manner. The matter was lying in the Registry unattended. It is only when none bothered to remove the defects, despite the order dated 03.12.2018 passed by the Lawazima Board, the matter now stands listed before this Court for the first time.

Heard learned counsel for the appellant and learned counsel for the respondents.

The instant appeal has been preferred assailing the order dated 08.05.2017 passed by a learned Single Judge of this Court in C.W.J.C. No. 7116 of 2013, titled as Pankaj Kumar Vs. The Life Insurance Corporation of India & Ors., whereby the learned Single Judge has dismissed the writ petition. The present appeal, is totally misconceived, in fact an

Patna High Court L.P.A No.1271 of 2018 dt.17-02-2020 3/3 abuse of process of law. The Writ Court dismissed the petition on the ground that the petitioner had already exhausted his remedies in accordance with law and having failed before every foras, filed the writ petition with an endeavour to overreach the judgments passed by the authorities.

The present appeal, is totally misconceived, and as such, dismissed, for we do not find any illegality in the impugned order.

(Sanjay Karol, CJ) (S. Kumar, J) P.K.P./-Utkarsh AFR/NAFR CAV DATE Uploading Date 18.02.2020 Transmission Date