Court No. - 40 Case :- FIRST APPEAL FROM ORDER No. - 3439 of 2007 Petitioner :- Naresh Chand Bhardwaj Respondent :- National Insurance Company Ltd. Thru' Branch Manager & Anr. Petitioner Counsel :- Kunwar Siddharth Singh Respondent Counsel :- P.K. Mukharjee,V.K. Gupta Hon'ble Satya Poot Mehrotra,J.
Hon’ble Rajesh Chandra,J.
Order On
Civil Misc.Restoration Application No. 310543 of 2009
By the order dated 10.11.2009, the appeal was dismissed for
want of prosecution. It was further observed that interim order, if
any, stood vacated.
The aforementioned application has been filed, inter-alia,
praying for recall of the said order dated 10.11.2009 dismissing the
appeal for want of prosecution and for restoring the appeal to its
original number. The application is supported by an affidavit,
sworn by Ashok Singh, stated to be the Registered Clerk to the
learned counsel for the claimant-appellant.
It is ,inter-alia, stated in the said affidavit that due to inadvertent
mistake, the said Ashok Singh could not mark the case in the Daily
Cause List, and in the circumstances, the learned counsel for the
claimant-appellant ( Sri Kunwar Siddharth Singh) could not appear
before the Court when the case was taken up on 10.11.2009, and
consequently, the case was dismissed for want of prosecution.
Copy of the aforementioned application has been served on Sri
P.K.Mukerjee, learned counsel for respondent no.1.
We have heard Sri Kunwar Siddharth Singh, learned counsel for
the claimant-appellant and Sri P.K.Sinha holding brief for Sri
P.K.Mukerji, learned counsel for respondent no.1, and perused the
aforementioned application and its supporting affidavit.
Having regard to the averments made in the aforementioned
application and its supporting affidavit and having considered the
submissions made by the learned counsel for the parties, we are
satisfied that sufficient cause has been made out for absence on
behalf of the claimant-appellant when the case was taken up before
the Court on 10.11.2009 and was dismissed for want of
prosecution.
In view of the above, the aforementioned application is allowed.
The order dated 10.11.2009 dismissing the appeal for want of
prosecution is recalled. The appeal is restored to its original
number.
The appeal will now be listed before the appropriate Bench. It
will not be treated as tied-up or part-heard with this Bench.
Order Date :- 2.4.2010
SM