AMAWATI DEVI v. THE NEW INDIA ASSURANCE COMPANY LIMITED THROUGH DIVISIONAL MANAGER
C.M.P./74/2025 · 2026-01-16
Anubha Rawat Choudhary
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9470 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9470 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:1140
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 74 of 2025
1. Amawati Devi, aged about 40 years, wife of Late Sanjay Kumar Mahato.
2. Khushi Kumari, aged about 18 years, Daughter of Late Sanjay Kumar Mahato.
3. Mahi Kumari, aged about 16 years, Daughter of Late Sanjay Kumar Mahato.
4. Mohan Mahato, aged about 13 years, Son of Late Sanjay Kumar Mahato. All are resident of Village-Pandu Basti, P.O.-Batbinor (Silphore), P.S.- Chandankiyari, District-Bokaro Applicant No.3 and 4 are minors represented through their legal guardian/mother Amawati Devi (Claimant/Appellant No.1).
… … Petitioner
Versus
1. The New India Assurance Company Limited through Divisional Manager, the New India Assurance Company Limited, Shivam Mansion (Hind De Branch), P.O. and P.S. Pathardih, District- Dhanbad, Jharkhand, PIN-828119.
2. National High Authority of India, NHAI Complex, PIV-Dhanbad, Kandra, P.O. and P.S. Kandra, District-Dhanbad, Jharkhand, PIN-
828100.
… … Opp. Parties ---
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
For the Petitioner : Mr. Sanjay Kumar, Advocate
For the Opp. Parties : Mrs. Sweety Topno, Advocate
: Mr. Amrit Raj Kisku, Advocate
---
02/16.01.2026 I.A. No. 116 of 2025.
1.
Learned counsel for the petitioner submits that this interlocutory application has been filed for condonation of delay of 70 days in filing the petition for restoration of M.A. No. 34 of 2024.
2. Nobody appears on behalf of the opposite party No.1.
3.
Learned counsel on behalf of opposite party No.2 is present. She has no objection so far as the prayer for condonation of delay is concerned.
4. Considering the averments made in the interlocutory application, the delay in filing the petition for condonation of delay is hereby condoned.
2026:JHHC:1140
2
5. I.A. No. 116 of 2025 is hereby allowed. C.M.P. No.74 of 2025
6. This CMP has been filed for restoration of M.A. No. 34 of 2024 which stood dismissed for non-compliance of order dated 08.08.2024 in connection with removal of defects.
7.
Learned counsel submits that when the case was called out, the advocate could not remain present and consequently, the order could not be complied within the stipulated time.
8.
Learned counsel for the opposite party No.2 has no objection so far as prayer for restoration is concerned.
9. However, learned counsel for the opposite party No.1 is absent.
10. Being satisfied with the cause shown, the time for removal of defects granted in M.A. No. 34 of 2024 vide order dated 08.08.2024 is extended till 13th February, 2026.
11. If the defects are removed within the extended time, office is
directed to place M.A. No. 34 of 2024 before the appropriate bench as per roster.
12. This C.M.P. is accordingly disposed of.
(Anubha Rawat Choudhary, J.) 16.01.2026 Rakesh/- Uploaded on:-16.01.2026