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2025 DAILYLAW 28103 (JHR)

THE ORIENTAL INSURANCE COMPANY LIMITED THROUGH ITS LEGAL CELL v. FIROJA BIBI

C.M.P./843/2019 · 2025-04-25

Sanjay Kumar Dwivedi

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Judgment text

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2025:JHHC:12530 --1-- C.M.P. No. 843 of 2019 IN THE HIGH COURT OF JHARKHAND, RANCHI C.M.P. No. 843 of 2019 ---- The Oriental Insurance Company Limited, having its registered office at Oriental House, A25/22, Asaf Ali Road, PO – Ajmeri Gate Extension, PS – Turkman Gate, New Delhi – 110002 and Branch Office at Division No.V, Delta House – 4, Govt. Palace, North Calcutta, (Now Kolkata) – 700001, PO - Lyons Range, PS – BBD Bagh, District – Kolkata (West Bengal) through its legal cell, Circular Road, Ranchi, PO and PS Lalpur, District – Ranchi .... Petitioner -- Versus -- 1. Firoja Bibi, wife of Late Mohammad Harish, resident of village – Gangati, PO and PS – Jasidih, District – Deoghar 2. Kuljeet Singh, so of Late Hornam Singh, resident of 134 – AMG Road, PO and PS – Bara Bazar, Calcutta (Now Kolkata), West Bengal, (Owner of Truck bearing Registration No. W.B. – 25/9456. 3. Oriental Insurance Company Limited, office at Market Complex, Netajee Subhash Road, Deoghar, PO and PS – Deoghar, District – Deoghar 4. Md. Jahed, son of Abdul Salam, resident of Barasal, PO and PS – Barasal, District – North 24, Pargana (West Bengal), Driver of WB – 25/9456 5. Abdul Hai, son of Astuia Mian, Resident of Village – Gangati, PO and PS – Jasidih, District – Deoghar 6. Jatun Bibi, wife of Abdul Hai (mother of deceased Md. Harish), resident of village – Gangati, PO and PS – Jasidih, District – Deoghar 7. Sajda Bibi, wife of Salauddin Ansari, daughter of Late Md. Harish, Resident of village – Valuasar, PO and PS – Debipur, District – Deoghar 8. Sohada Khatoon, daughter of Late Md. Harish 9. Md. Basarat, son of Late Md. Harish 10. Sara Khatoon, daughter of Late Md. Harish 11. Md. Nasir, son of Late Md. Harish 2025:JHHC:12530 --2-- C.M.P. No. 843 of 2019 8 to 11 are resident of village – Gangati, PO and PS – Jasidih, District - Deoghar .... Opposite Parties ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Manish Kumar, Advocate For O.Ps. :- Mr. Sunil Kr. Mahto, Advocate ---- 03/25.04.2025 I.A. No.6553 of 2023 has been filed for condoning the delay of 194 days in filing of the C.M.P. for restoration of M.A. No.571 of 2017. 2. Learned counsel appearing for the petitioner submits that the delay has occurred in filing of the C.M.P. He submits that in the appeal direction has been issued for paper publication on the notice upon the owner of the vehicle in question and a fresh date was provided in between the confusion arose and in view of that belatedly it has come to the knowledge that it has been dismissed. 3. The claimants who has already appeared in the appeal as well as insurance company have tendered their appearance in the present C.M.P. accept notice and they oppose the prayer of restoration. 4. Considering that the point is taken to the effect in the appeal that a fake insurance policy was produced before the Court and the appeal was already entertained and notices have been issued in the appeal. 5. The Court finds that the sufficient ground is made out to condone the delay, as such the delay of 194 days is hereby condoned. 2025:JHHC:12530 --3-- C.M.P. No. 843 of 2019 6. I.A. allowed and disposed of. 7. Consequently, for the aforesaid reasons, M.A. No.571 of 2017 is restored to its original filed and this C.M.P. is disposed of. 8. Let M.A. No.571 of 2017 be placed in the next week. (Sanjay Kumar Dwivedi, J.) Sangam/