The Oriental Insurance Co. Ltd. v. Most. Hira Mani Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3220 of 2016 In MA 370 of 2010 ====================================================== The Oriental Insurance Co. Ltd.

.... .... Petitioner/s

Versus

Most. Hira Mani Singh & Ors .... .... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Nirmal Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-03-2017 Heard Sri Nirmal Kumar, learned counsel for the petitioner.

The present petition has been filed with a prayer to restore M.A. No.370 of 2010, which stood dismissed due to noncompliance of peremptory order dated 28.04.2011. Learned counsel for the petitioner submits that in view of earlier order, almost all the defects were removed, but due to inadvertence only one error could not be removed. The reason has been well assigned in the present petition. In view of facts disclosed in the present petition, same is allowed.

Let M.A. No.370/2010 be restored to its original file. It is clarified that if the earlier order dated 28.04.2011 passed in M.A. No.370/2010 is not complied with in its letter and spirit

Patna High Court MJC No.3220 of 2016 (3) dt.08-03-2017 2/2 within a period of four weeks, M.A.no.370/2010 shall stand dismissed without further reference to a Bench. (Rakesh Kumar, J) NKS/- U