Reliance General Insurance Co. Ltd. Through Its Manager v. Punam Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.189 of 2018 In MA 846 of 2012 ====================================================== Reliance General Insurance Co. Ltd. Through Its Manager Claims, 38B, Jawahar Lal Nehru Road, Himalaya house, 8th Floor, Kolkatta, West Bengal.

.... .... Petitioner/s

Versus

1. Punam Devi, W/o Late Raj Kishore Jayswal, Resident of VillageSaidpur, Post-Devpura, P.S.-Nawkothi, District-Begusarai.

2. Sanjay Kumar, S/o Ram Anugrah Prasad Singh, Resident of Village and Post Office-Dumri, P.S.-Barahiya District-Lakhisarai, Bihar.

3. Jhari Mahto, S/o Prabhu Mahto, Resident of Village and Post OfficeManghul, P.S.-Cheriya Bariyarpur, District-Begusarai, Bihar. .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Alok Kumar @ Alok Kr Shahi, Advocate. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-02-2018 Re.: I.A. No. 1006 of 2018 This interlocutory application has been filed for condonation of delay of 82 days in filing the present restoration petition on the ground that the learned counsel for the petitioner did not get any information about the dismissal of the appeal. He was informed by the officer of Insurance Company on 17.01.2018 regarding the fate of the case. Hence there is no deliberate delay and laches on the part of the petitioner in filing the restoration petition.

Learned counsel for opposite parties did not raise

Patna High Court MJC No.189 of 2018 (4) dt.21-02-2018 2/2 any objection.

Considering the facts and circumstances of the case, I find sufficient ground to condone the delay in filing the restoration petition. Accordingly, the aforesaid delay is condoned. The interlocutory application is allowed.

Re.: M.J.C. No. 189 of 2018 This restoration petition has been filed for restoration of M.A. No. 846 of 2012 which was dismissed for default on 22.09.2017 with the case that the learned counsel for the petitioner was suffering from ailment and due to the aforesaid reason, he could not appear in the court on the said date and the case was dismissed for default.

Learned counsel appearing on behalf of opposite parties did not raise any objection against the aforesaid prayer. The ground taken by the petitioner for restoration of the aforesaid miscellaneous appeal appears to be sufficient. Hence, restoration application is allowed and Miscellaneous Appeal No. 846 of 2012 is restored to its original number. (Prakash Chandra Jaiswal, J) Mishra/- U T