The Oriental Insurance Company Division Office v. Bharti Devi And ORS

Patna High Court MJC No.3340 of 2015 (3) dt.06-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3340 of 2015 In MA 851 of 2012 ====================================================== The Oriental Insurance Company Division Office .... .... Petitioner/s

Versus

Bharti Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Jha For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-09-2017 This MJC application has been filed for re-admission of Miscellaneous Appeal no. 851 of 2012 which was dismissed for non-compliance of the order dated 13.3.2014. Vide order dated 13.3.2014, the appellant was directed to file the certified copy of the award under appeal within four weeks, but the appellant did not file the same within the stipulated period rather on 29.09.2015 and submitted that the said award could not be filed earlier within the stipulated period as the conducting advocate of the lower court could not provide the certified copy of the said award within the aforesaid period. Thus, there has been no latches on the part of the appellant in dismissal of the case rather the case was dismissed due to aforesaid reason.

In the facts and circumstances of the case, the

Patna High Court MJC No.3340 of 2015 (3) dt.06-09-2017 application is allowed and the Miscellaneous Appeal no. 851 of 2012 is restored to its original number.

(Prakash Chandra Jaiswal, J) rohit/- U