IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2854 of 2008 1. SUDHIR KUMAR JAISWAL 2. Sunil Kumar Jaiswal Both sons of Prabhunath Prasad, residents of village Lalgarh, P.S. Bettiah Mofassil, District West Champaran Versus 1. RAMASHRAY SAH@RAMASHRAY PRASAD, son of late Kishun Sah 2. Birlal Sah, son of Ramashray Sah 3. Ram Balak Sah, son of Ramashray Sah, All resident of village Lalgarh, P.S. Bettiah Mofassil, District West Champaran 4. Sushila Devi, daughter of Ramashray Sah and wife of Harendra Prasad, resident of village Purani Bazar, Narkatiaganj, P.S. Shikarpur, District West Champaran 5. Kanti Devi, daughter of Ramashray Sah and wife of Ram Prasad, resident of village Harpapanganj Apauni, P.S. – District Parsa (Nepal). 6. Shanti Devi daughter of Ramashray Sah and wife of Banshah Prasad Jaiswal, resident of village Kundilpur, P.S. Shikarpur, District West Champaran 7. The National Insurance Company Ltd. Lal Bazar, Sagar Path, Bettiah, District West Champaran through its Branch Manager ----------- 02/ 28.4.2009 It appears, Misc. Appeal No. 9 of 2004 was filed against the interim award passed by the Claims Tribunal under orders dated 4.12.2003 which was dismissed for non-prosecution under orders dated 6.12.2007 and was restored under order dated 16.7.2008, passed in MJC No. 34 of 2008. Again the appeal was dismissed for non- prosecution under order dated 23.9.2008 and the present restoration application has been filed to recall the order dated 23.9.2008 and to restore the appeal to its original file and number. As the appeal is directed against the interim award for payment of Rs. 40,000/- to the heirs and legal representatives of the deceased victim, I am not inclined to restore Misc. Appeal No. 9 of 2004 and the restoration application is, accordingly, dismissed. Arjun/ (V.N. Sinha, J.)