Patna High CourtMJC/2454/2015allowed

Indian Bank Patna Main Branch v. The Registrar Debts Recovery Appellate Tribunal And ORS

2016-04-20Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2454 of 2015 In Civil Writ Jurisdiction Case No. 2478 of 2014 ====================================================== Indian Bank, Patna Main Branch, Biscomaun Bhawan, Patna, Bihar, Pin800001, Represented through its Chief Manager, Sri Arjun Dutt .... .... Petitioner

Versus

1. The Registrar, Debts Recovery Appellate Tribunal, Allahabad, 147-A58/1, Jawaharlal Nehru Road, Tagore Town, Allahabad, Pin- 211001

2. The Registrar, Debts Recovery Tribunal, Bihar, 34 Bank Road, Opposite New Police Line, Lodipur, Patna-800001

3. M/S Ritwick Petro Shoppe, represented its proprietress, Mrs. Rita Singh R/O Katyani House, Bailey Road, Opp. Jalalpur Timber, Saguna, Danapur Town, District- Patna, Bihar

4. Mrs. Rita Singh, R/o Katyani House, Bailey Road, Opp. Jalalpur Timber, Saguna, Danapur Town, District- Patna, Bihar

5. Mr. Ravi Singh, Son of Late Rameshwar Singh, R/o Katyani House, Bailey Road, Opp. Jalalpur Timber, Saguna, Danapur Town, District- Patna, Bihar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Dr. Binay Kumar Singh, Advocate For Opposite Parties : Mr. Kaushlendra Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-04-2016 Heard learned counsel for the petitioner and learned counsel for the opposite parties.

2. This petition has been filed for restoration of CWJC No. 2478 of 2014 which stood dismissed for non-compliance of the peremptory order dated 03.08.2015.

3. Learned counsel for the petitioner submits that though the requisite was filed within time, talbana cost of Rs. 5/- was inadvertently not submitted and could be filed only on 17.08.2015.

Patna High Court MJC No.2454 of 2015 (2) dt.20-04-2016 2/2

4. For the reasons stated in the restoration petition, the prayer for restoration is allowed and CWJC No. 2478 of 2014 is restored to its original file.

5. MJC No. 2454 of 2015 stands disposed of.

6. Office to proceed accordingly.

(Vikash Jain, J) B.T/- U