IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1386 of 2010 IN CIVIL WRIT JURISDICTION CASE NO.6427 OF 2009 WITH INTERLOCUTORY APPLICATION NO.7739 OF 2010 ============================================= The Oriental Insurance Company Ltd. & Anr - Appellant (s) Versus Malay Kumar Lal - Respondent(s) ============================================= Appearance : For the Appellant s : Mr. Y.V. Giri, Senior Advocate with Mr. Sany Singh, Advocate For the Respondent s : Mr. Yugal Kishore, Senior Advocate with Mr. Birendra Narayan Sharma,Advocate ============================================= CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 06.9.2010. Reg: I.A.No.7739 of 2010 This application under section 5 of the Limitation Act is filed by the appellant Oriental Insurance Company Limited for condonation of delay of 413 days occurred in filing the Letters Patent Appeal. It is claimed by the appellants that since the impugned judgment passed by the learned Single Judge, the appellants were pursuing the review application before the learned Single Judge. Therefore, the delay. On the facts and in the circumstances, the delay is condoned. 2 Interlocutory Application is disposed of. Reg: Letters Patent Appeal NO.1386 of 2010. Feeling aggrieved by the judgment and order dated 21st May 2009 passed by the learned Single Judge in C.W.J.C.No.6427 of 2009, the respondents the Oriental Insurance Company Limited has preferred this appeal under Clause 10 of the Letters Patent. Apart from the other submissions, the grievance of the appellant is that the appellant had not been given adequate opportunity to file its pleadings before the learned Single Judge. It is apparent that the writ petition was disposed of on the first day of hearing. Evidently, the appellant had no occasion to file its pleadings. Learned Advocate Mr. Yugal Kishore has appeared for the writ petitioner. He has submitted that the he has no objection if the writ petition is remitted to the learned Single Judge for hearing and decision afresh. On the facts and in the circumstances, without entering into the merits of the case, the impugned judgment and order dated 21st May 2009 passed by the learned Single Judge in C.W.J.C.No.6427 of 2009 is set aside. C.W.J.C.No.6427 of 2009 is remitted to the court of the learned Single Judge for hearing 3 and decision afresh. Learned Advocate Mr. Y.V. Giri appears for the appellant Oriental Insurance Company Limited. He agrees that the appellant shall file its pleadings in the writ petition within three weeks from today. The appeal is allowed. The appellant Oriental Insurance Company Limited shall file its pleadings in the writ petition within three weeks from today. The parties will bear their own costs. ahk (R. M. Doshit, CJ) (Jyoti Saran, J)