The Single Judge, Delhi High Court condoned the delay in filing an appeal application by an appellant against State Bank of India, relying on a Supreme Court order, allowing the appeal restoration pending court fee deposit and listing it for admission.
Delay condoned; appeal restored to original number; reminded to deposit court fee; case listed.
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M.A. No. 29/2022 In Appeal Dy. No. 336/2019 Date: 26.09.2022
M/s Ramnandi Automobiles Pvt. Ltd. & Ors. Vs. State Bank of India
Present: Shri Alok Rai, counsel for the appellants,
Learned counsel for the appellant submits that in view of the order passed by the Hon’ble Supreme Court in Suo Motu Writ Petition (Civil) No. 3 of 2020, the delay may be condoned, if any. It is contended that the application was filed within 90 days from the date of order of the Hon’ble Apex Court and accordingly, the delay, if any, in filing the present application deserves to be condoned.
In view of the above, delay is condoned.
For the reason stated in the misc. application, the same is allowed and the appeal stands restored to its original number subject to deposit of court fee within three days. In case the appellant does not deposit the same within the time as stipulated, the present misc. application shall stand dismissed. In case of deposit, list this case on 12.10.2022 for admission.
Justice R. D. Khare Chairperson
VN Giri
3 issues framed by the court
Whether delay in filing the appeal application should be condoned in view of the Supreme Court order in Suo Motu Writ Petition (Civil) No. 3 of 2020.
Whether the present misc. application should be allowed and the appeal restored to its original number.
What procedural directions should be issued to the appellant regarding court fee deposit and listing.
Colour shows how this judgement treated each authority
Suho Motu Writ PetitionReferred¶4
Suo Motu Writ Petition (Civil) No. 3 of 2020
M/s Ramnandi Automobiles Pvt. Ltd. & Ors.
State Bank of India
R.D. Khare
VN Giri
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
