This order grants a restoration application by recalling a dismissal based on non-prosecution, citing a wrongly noted diary date as the sufficient reason, and lists the matter for further action.
Restoration of the application and recall of the order dismissing it for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
M.A. No. 52/2020 in M.A. No. 119/2019 in I.A. No. 114/2020 In Regular Appeal No. 102/2014
Date: 21.09.2022
Simran Steel Industries and Anr. Vs. I C I C I Bank and Ors.
Present: Shri Ankit Prakash, counsel for the appellant, None for the respondents,
Learned counsel for the appellant submits that the date, which was fixed, was wrongly noted in the diary, therefore, he could not appear and the restoration application No. 119/2019 was dismissed for non-prosecution.
The reason stated by the applicant is sufficient. Accordingly, the order dated 05.11.2019, by which the first restoration application was dismissed, is hereby recalled and the restoration application being M.A. No. 52/2020 is allowed. Consequently, the M.A. No. 119/2019 is directed to be restored to its original number.
List this case on 09.12.2022 for restoration.
Justice R. D. Khare Chairperson
VN Giri
1 issue framed by the court
Whether the restoration application should be allowed due to the wrongly noted date in the diary preventing the applicant's appearance.
Simran Steel Industries and Anr.
I C I C I Bank and Ors.
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
