Smt Poonam Gupta versus Bank of India and Ors.

Appeal Dy. No. 615/2022 (In Appeal Dy. No. 279/2022) (Smt. Poonam Gupta Vs. Bank of India)

Date: 13.09.2022

Shri Sanjay Kumar Gupta, Ld. Counsel for the appellant is present and files certified copy of the impugned order dated 29.08.2022 in Appeal Dy. No. 279/2022.

¶4

The registry has pointed out the defects that the instant application is filed under section 22(2) (g) of the RDB Act, but the order challenged is not an ex-parte order.

¶5

It is observed that the impugned order dated 29.08.2022 was passed after hearing the (i) Ld. Counsel of the Appellant who is Applicant in the instant matter (ii) Ld. Counsel for Respondent no. 1, and (iii) Respondent no. 3 of the Appeal Dy. No. 279/2022. As per the RDB Act, application under section 22(2) (g) of the Act are filed for setting aside any order of dismissal of any application for default or any order passed by its ex-parte .

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Ld. Counsel states that he had filed an Urgency Application in the Appeal in view of the physical possession to be taken by Bank. The said Urgency Application was taken up through V.C. and the Counsel for Bank assured that Bank would issue a minimum ten days notice before taking possession. On the Bank’s Counsel assurance the Appellant withdrew the Urgency Application, but inadvertently, in the order it was typed that the Appellant wants to withdraw the Appeal and consequently, the Appeal Dy. No. 279/2022was disposed of.

¶7

Ld. Counsel states that the instant Application is for restoration of the Appeal Dy. No. 279/2022 and states that he will argue the matter before Hon’ble Court.

¶8

List this case before Hon’ble Chairperson on 21.09.2022 for admission.

¶9

Registrar

Smt Poonam Gupta v. Bank of India and Ors.

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Smt Poonam Gupta v. Bank of India and Ors.

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