IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2591 of 2008 NEW INDIA ASSURANCE COMPANY LIMITED THROUGH ITS DEPUTY MANAGER, REGIONAL OFFICE, 6TH FLOOR, BSFC BUILDING, FRASER ROAD, PATNA-1 --------------O.P.NO. 4/APPELLANT/PETITIONER Versus 1. SHIVASHISH CHAUBEY 2. RAKESH CHAUBEY 3. RITESH CHANDRA @ RITESH CHOUBEY 1 TO 3 ARE SONS OF LATE CHANDESHWAR CHOUBEY 4. SHOBHA KUMARI, D/O LATE CHANDESHWAR CHOUBEY ALL RESIDENTS OF VILLAGE KASHWAR, P.O. AND P.S. KASHWAR, DISTRICT GIRIDIH ------CLAIMANTS/RESPONDENTS IST SET/OPP.PARTIES IST SET. 5. UDAYAN GOSHWAMI, SON OF MARITENDU GOSHWAMI,(OWNER OF TRUCK WBI 5379) 6. JITENDRA KUMAR, SON OF SRI RANA SINGH BAHADUE(OWNER OF CAR BHU 8888) RESIDENT OF PAKARDIH, P.O. AND P.S. PAKARDIH, DISTRICT DHANBAD -----OPP.PARTIES 2ND SET/RESPONDENTS 2ND SET/OPP.PARTIES 2ND SET 7. NATIONAL INSURANCE COMPANY LIMITED(INSURER OF TRUCK) DIVISION NO.6, KOLKATA 8. DEOLAL TIWARY, SON OF RAJ KISHORE TIWARY, NEW MARKET BILASPUR, P.O. BILASPUR(M.P.), DRIVER OF TRUCK. ------OPP.PARTIES 2ND SET/RESPONDENT 2ND SET/OPP.PARTIES 2ND SET. ----------- 07. 10.04.2009 Having considered the statement made in I.A. No. 1059 of 2009, delay in filing the restoration application is condoned and having considered the statement made in the restoration application, M.A. No. 547 of 2001 is restored to its original file. Restoration application is, accordingly disposed of and the counsel for the petitioner/ appellant is granted one week’s further time to take steps in compliance of the orders of this Court dated 2.5.2008. Put up before the bench in jurisdiction after service of notice. Rajesh/ (V.N.Sinha,J.)