The Bihar State Cooperative Land Development Bank v. Surendra Pathak

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2781 of 2023 In Civil Writ Jurisdiction Case No.2459 of 2008 ====================================================== 1.

The Bihar State Cooperative Land Development Bank Through Managing Director, Patna.

2.

Branch Manager, Bihar State Cooperative Land Development Bank, Saharsa.

... ... Petitioner/s

Versus

Surendra Pathak son of Late Bhup Narayan Pathak, Resident of Village and P.O.- Mahishi, P.S.-Mahishi, District-Saharsa.. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Girjanand Prasad, Adv.

For the Opposite Party/s :

Mr.Manish Kumar No. 13, Adv.

Mr. Rohit Kumar, Adv.

Mrs. Priti Kumari, Adv.

Mrs. Nitu Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2024 The present petition has been filed for restoration of a writ petition bearing CWJC No. 2459 of 2008, which has stood dismissed on account of non-prosecution, by an order dated 15.3.2023.

2.

The learned counsel for the petitioner has submitted that the counsel for the petitioner had fallen ill suddenly and therefore, he could not attend the hearing of the case, when the case was called out for hearing on 15.3.2023, thus, a sympathetic view be taken and the aforesaid writ petition petition be restored to its original file.

3.

Having regard to the submission made by the learned

Patna High Court MJC No.2781 of 2023(2) dt.02-02-2024 2/2 counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and proper to restore the aforesaid writ petition bearing CWJC No. 2459 of 2008 to its original file.

4.

The present restoration petition stands allowed. (Mohit Kumar Shah, J) Ajay/- U