Khursheed Akram v. The Oriental Insurance Co. Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2862 of 2016 In SA 380 of 2012 ====================================================== Khursheed Akram S/o Ishahaq Rain Resident of Vill- Barej, P.O.- Belauri, P.S.- Mohania, District- Rohtas.

.... .... Petitioner/s

Versus

The Oriental Insurance Co. Ltd., B.O. Sasaram, Raj Lakhan Complex, G.T. Road, Sasaram, P.S.- Sasaram, District- Rohtas. .... .... Respondent/Opposite party ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Kamaluddin For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-05-2017 Heard the counsel for the petitioner in support of the present application which seeks restoration of S.A. No. 380 of 2012 which stood dismissed for non-compliance of the order dated 11.9.2014 as modified by order dated 25.09.2014. The appellant was required to file a certified copy of the decree. Learned counsel submits that the decree was drawn on 25.06.1950. He explained with reference to the statement made in the application and the delay thereafter caused in filing the present restoration application. It is also submitted the Motor Accident Claims Tribunal had granted relief to the petitioner which on appeal was altered/modified/interfered with.

Considering the facts and circumstances of the case, the

Patna High Court MJC No.2862 of 2016 (2) dt.03-05-2017 2/2 present application is allowed and the order dated 25.09.2014 is modified to the extent that the appellant shall remove those defects within 07 days from today. The order is subject to further condition that he shall deposit a sum of Rs. 500/- with the Patna High Court, legal Services Committee and filing receipt thereof within 07 days in office.

(Kishore Kumar Mandal, J) HR/- U