High CourtsSingle Bench

Branch Manager, National Insurance Co. Ltd vs Nisha Devi `

Jharkhand High Court · Decided on 27 September 2024 · Citation: (2024) 09 JH CK 0030

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
RESULT
Allowed
CASE NUMBER
Civil Miscellaneous Petition No. 191 Of 2024
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Judgment

8 paragraphs · 240 words

Sanjay Kumar Dwivedi, J

1.

Notice upon opposite party nos. 1 and 2 have already been effected and in spite of that, they had not appeared on earlier occasion and further the matter was adjourned on 01.08.2024 with a view to provide one more opportunity to them and in spite of that, today also, nobody has appeared on behalf of opposite party nos. 1 and 2.

2.

I.A. No.3605 of 2024 has been filed for condoning the delay of 345 days in filing the present petition.

3.

Mr. Alok Lal, learned counsel for the petitioner submits that the matter was being conducted by the lawyer, who is not coming to the Court nowadays and, as such, M.A. No.60 of 2015 was dismissed for default and later on, the insurance company came to know about such dismissal of the appeal.

4.

In the interest of justice, delay of 345 days in filing the present petition is, hereby, condoned subject to payment of cost of Rs.5,000/-(Rupees Five Thousand) by the insurance company to be deposited before the Advocates Clerks Association, Jharkhand High Court, Ranchi within two weeks and receipt to that effect will be filed by the insurance company, namely, National Insurance Company.

5.

Accordingly, I.A. No.3605 of 2024 is allowed and disposed of.

6.

In view of the above facts, M.A. No.60 of 2015 is restored to its original file.

7.

This civil miscellaneous petition is, therefore, allowed and disposed of.