M S Jai Carpets v. Allahabad Bank

M.A. No. 236/2019 In M.A. No. 206/2019 In M.A. No. 174/2019 In M.A. No. 64/2021 in Regular Appeal No. 100/2015

Date: 17.11.2022

M/s Jai Carpets Vs. Allahabad Bank and Ors. Present : Shri D. P. Shukla, counsel for the applicant,

The record shows that the learned counsel for the applicant could not appear in the present matter on 25.11.2020, 13.04.2021, 24.11.2021, 06.04.2022 and 04.07.2022, whereas the restoration application has been filed and last restoration application being M.A. No. 236/2019 is pending for recalling the order dated 07.11.2019, for which no good ground is made out for restoring the appeal by the learned counsel for the applicant for repeatedly non-appearance on the aforesaid dates and repeatedly by filing the restoration applications. It appears that the applicant does not want to pursue the matter and gets the appeal dismissed in default and then file the restoration application only to keep the matter pending before this Tribunal, therefore, the said application is liable to be dismissed.

Accordingly, the restoration application is dismissed with no order as to costs.

After passing of the aforesaid order, the learned counsel for the applicant prays that the Tribunal below may be directed to decide the pending O.A. No. 88/2003 within the time as stipulated by this Tribunal. It is expected that the Tribunal below will decide the O.A. No. 88/2003 most expeditiously in accordance with law, preferably within 3 months from the date of production of certified copy of this order.

Justice R. D. Khare Chairperson