IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1400 of 2011 ====================================================== Ashok Kumar Arya, son of late Sone Lal, resident of Main Road, Bakhtiarpur, P.O. and P.S. Bakhtiarpur, Distt. Patna. .... .... Petitioner/s Versus 1. Dena Bank through its Assistant General Manager, Calcutta Regional Office Alpee court 1st Floor, 225-C Acharya Jagdish Chandra Bose Road, Calcutta. 2. Branch Manager, Dena Bank, Main Road, Bakhtiarpur, P.O. and P.S. Bakhtiarpur, Distt. Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Amod Kumar, Advocate For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 16-11-2011 Heard learned counsel for the petitioner. The present petition has been filed on behalf of the petitioner seeking restoration of CWJC No.1926 of 2004, which stood rejected by this Court by an order dated 23.02.2011 for want of prosecution. Learned counsel for the petitioner submits that on 23.02.2011, he was not present in Patna, and had gone out of Bihar and therefore, he could not present himself before the Court, when the matter was called out. He further submits that due to dismissal of writ petition, the petitioner will suffer irreparable loss and Patna High Court MJC No.1400 of 2011 (3) dt.16-11-2011 2 injury, since the petitioner is seeking direction for payment of admitted arrears of rent from the opposite party nos. 1 and 2. After examining the records of CWJC No. 1926 of 2004, this Court finds that claim of the petitioner regarding arrears of rent of the premises in question has not been admitted by the Bank by filing any counter affidavit. However, the learned counsel for the petitioner submits that on the basis of materials available on record, it would be apparent that amount is not being disputed by the opposite parties. Be that as it may, this Court is of the considered opinion that instead of restoring the aforesaid CWJC No. 1926 of 2004 to its original file, interest of justice would be sub-served, if the petitioner is granted liberty to file a fresh writ petition in the same subject matter with all latest materials and with further liberty to seek appropriate reliefs against the opposite parties. It is ordered accordingly. The application stands disposed of with liberty aforesaid. Anjani /- (Birendra Prasad Verma, J)