Shri Shatrughan Sah v. M/S O R B Developers Pvt. Ltd And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3214 of 2017 In C. REV. 386 of 2016 ====================================================== Shri Shatrughan Sah son of late Chulhai Sah resident of Balbhadra Bhawan, Parvati Path, New Chitra Gupta Nagar, P.S.Kankarbagh, Patna - 800020. .... .... Petitioner/s

Versus

1. M/s ORB Developers Pvt. Ltd through its Managing Director Sri Rakesh Kumar Singh

2. Sri Rakesh Kumar Singh son of late Ram Bahadur Singh resident of House No. 96, Gandhi Nagar, Boring Road, Patna - 8000001. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Kumar Jain, Advocate. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-02-2018 The instant M.J.C. has been filed for restoration of Civil Review No. 386 of 2016 which was dismissed for default on 12.04.2016 due to non compliance of court's peremptory order dated 01.03.2016.

The learned counsel for the petitioner submits that due to financial crises deficit court fee of Rs. 21,555/- was not filed within time granted by the court's order dated 01.03.2016 resulting Civil Review application was dismissed under peremptory order. The petitioner is now ready to deposit the court fee stamp and as such Civil Review No. 386 of 2016 be restored to its original file and number.

Patna High Court MJC No.3214 of 2017 (4) dt.20-02-2018 2/2 Considering the submissions of the learned counsel for the petitioner as well as the grounds taken in the M.J.C. application, Civil Review No. 386 of 2016, which was dismissed for default on 12.04.2016, is restored to its original file and number with condition that the petitioner will deposit the deficit court fee stamp of Rs. 21,555/- within four weeks. Accordingly, this M.J.C. stands allowed.

(Jitendra Mohan Sharma, J) Abhay/- U T