Jharkhand High Court
The Divisional Manager National ... vs Smt Prabhawati Devi And Ors on 10 August, 2017
Author: Amitav K. Gupta
Bench: Amitav K. Gupta
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 218 of 2017
The Divisional Manager, National Insurance Company Limited .....Petitioner
Versus
Smt. Prabhawati Devi & Ors. .......... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Petitioners : Mr. Ganesh C. Jha, Advocate
For the Opp. Parties :
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02/Dated:10.08.2017
Learned counsel for the petitioner prays to ignore the defect nos. 2 and 4 as pointed out by the office.
Heard. Defect nos. 2 and 4 as pointed out by the office are hereby ignored.
This civil miscellaneous petition has been filed for restoration of M.A.no.169 of 2015 which was dismissed on 21.06.2017 as against respondent no.3 for non-compliance of the peremptory order dated 14.06.2017 whereby the appellant/petitioner was directed to file requisites of notice upon respondents in the admission matter within a week.
Learned counsel for the petitioner has submitted that due to inadvertent error in calculation of days the requisites could not be filed within the prescribed period rather it was filed on the next date which was returned with endorsement that the appeal stood dismissed 21.06.2017 due to non- compliance of the peremptory order. It is urged that there is no deliberate or intentional laches on the part of the petitioner. It is urged that if the present civil miscellaneous petition for restoration of M.A. no. 169 of 2015, is not allowed, the petitioner shall suffer irreparable loss and injury as the petitioner has a good case.
Heard. Being satisfied with the reasons assigned in the supporting affidavit, sufficient cause and reasonable explanation is made out, accordingly, the C.M.P. no. 218 of 2017 stands allowed and M.A. no. 169 of 2015 is directed to be restored to its original file.
M.A. no. 169 of 2015 Learned counsel for the appellant shall file requisite of notice to be served upon respondents under ordinary process within a week, failing which this appeal shall stand dismissed without reference to the Bench.
(Amitav K. Gupta, J.) Tarun/-