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Patna High CourtMJC/3760/2017allowed

Bhagirath Prasad Singh v. The Administrator, Bihar State Road Transport And ORS

2018-08-01Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3760 of 2017 In Miscellaneous Jurisdiction Case No.3422 of 2013 ====================================================== Bhagirath Prasad Singh ... ... Petitioner/s

Versus

The Bihar State Road Transport Corporation Through Its Administrator & Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Narayan Singh For the B.S.R.T.C.

:

Mr. P.K. Verma, Sr. Adv.

Dr. Mankeshwar Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-08-2018 Heard Sri Satyendra Narayan Singh, learned counsel for the petitioner and Dr. Mankeshwar Tiwari, learned counsel for the Bihar State Road Transport Corporation. The present petition has been filed with a prayer to restore M.J.C. No. 3422 of 2013, which stood dismissed on 11.07.2014 due to non-prosecution.

Since the present restoration petition was filed after three years, along with the restoration petition, petitioner had earlier filed a limitation petition vide I.A. No. 4021 of 2018, which was allowed on 25.07.2018 and delay in filing restoration petition was condoned.

In this case, the petitioner has explained sufficient grounds for persuading the court for restoring the contempt

Patna High Court MJC No.3760 of 2017(5) dt.01-08-2018 2/2 petition i.e. M.J.C. No. 3422 of 2013.

Accordingly, the restoration petition is allowed, and as such, M.J.C. No. 3422 of 2013 is directed to be restored to its original file.

(Rakesh Kumar, J) praful/- U