This appeal stood dismissed without reference to the Court as the appellant's counsel failed to comply with the deadline for filing steps, adhering to a prior order.
Appeal dismissed without reference to the Court.
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Court No. - 19
Case :- FIRST APPEAL No. - 10 of 1985
Appellant :- Shev Chandra Lal Respondent :- The Punjab And Sindh Bank And Others Counsel for Appellant :- Avadhesh Kumar,Sajid Raza
Hon'ble Jaspreet Singh,J.
The instant first appeal is of the year 1985.
The record indicates that on 11.05.2022, fresh notices were issued to the respondents both ways on 11.05.2022 and steps were to be taken within three days. However, as per the office report dated 07.07.2022, the learned counsel for the appellant has failed to take steps and thus the matter has been listed under Chapter XII Rule 4 of the Allahabad High Court Rules, 1952. Once again, on 12.07.2022, the Co-ordinate Bench of this Court has passed the following order which reads as under:
"10 days' and no more time is allowed to learned counsel for the appellant to file steps.
In case, steps are filed, office shall proceed accordingly.
However, it is made clear that in case, steps are not filed, the appeal shall stand dismissed without reference to the Court."
As per the office report dated 26.07.2022, again the steps were not taken by learned counsel for the appellant in terms of the aforesaid order dated 12.07.2022. Thereafter, the matter has been listed on two occasions but the same was adjourned as the learned counsel for the appellant was reported to be on sanctioned leave. Today, again it has been reported that the learned counsel for the appellant is on sanctioned leave till 15.09.2023 and the steps are also not taken, and in the aforesaid order dated 12.07.2022 it was also provided that in case the steps are not filed, the appeal shall stands dismissed without reference to the Court.
Since the steps have not been taken by the learned counsel for the appellant, the appeal also stands dismissed without reference to the Court in the light of the Court's order dated 12.07.2022.
Consigned to record.
Order Date :- 13.9.2023 S. Shivhare
Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench
Shev Chandra Lal
The Punjab And Sindh Bank
Harish Joshi
Shashank Shivhare
As recorded by the court registry
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