New India Assurance Company Ltd vs Shushma Devi And Others

Sanjay Kumar Dwivedi, J

I.A. No.4878 of 2022 has been filed for condonation of delay of 188 days in filing the instant application which is filed for restoration of M.A. No.681 of 2018 which stood dismissed on 16.05.2019 for non-compliance of the order dated 02.05.2019.

It has been pointed out at paragraph nos.3 and 4 that due to marriage of the daughter of the conducting advocate who was busy on account of his daughter’s marriage and it was slipped from the mind of conducting advocate and he could not comply the order which was peremptory in nature.

In view of the above and looking into paragraph nos. 3 and 4 of the I.A petition, it appears that sufficient grounds have been made out to condone the delay of 188 days in filing the instant petition.

Accordingly, the delay is condoned and the instant I.A petition is allowed and disposed of.

The instant C.M.P. has been filed for restoration M.A. No.681 of 2018 which stood dismissed for non-compliance of the order dated 02.05.2019.

Mr. G.C. Jha, the learned counsel appearing for the petitioner submits that the order was to file the requisites within two weeks and that order was peremptory in nature. He further submits that due to marriage of the daughter of conducting advocate it slipped from the mind of the conducting advocate and requisites were not filed in time.

In view of the above, it appears that sufficient grounds have been made out for restoration of M.A. No.681 of 2018.

Accordingly, M.A. No.681 of 2018 is restored to its original file.

The instant C.M.P stands allowed and disposed of.