The regular appeal regarding an amendment application was addressed. The amendment application adding a prayer to set aside an interim order dated 04.11.2019 was dismissed as the order had merged into a final order. Parties were listed for hearing.
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Regular Appeal No. 35/2022 Date: 08.12.2022
Dena Bank/Bank of Baroda Vs. M/s Janta Ply N Glass Sons And Ors.
Present: Shri Abhishek Agarwal, Advocate holding brief of Shri Satyajit Mukherji, counsel for the appellant, Shri Alok Rai, counsel for the respondents No.1, 2 and 3 , Shri R.P. Srivastava, counsel for the respondent No.4,
The office report dated 07.12.2022 shows that reply of respondents No. 1 to 3 is on record, but no reply has been filed by the respondents No. 4 and 6 inspite of three opportunities been granted, as no one has put in appearance on behalf of the respondents No. 5.
Let the served respondents file reply by the next date, if so desired and rejoinder to the reply of the respondents No. 1 to 3 may also be filed by the next date.
An amendment application being I.A. No. 654/2022 has been filed seeking permission to add the prayer for setting aside the order dated 10.04.2019, by which the Tribunal below has allowed the application for condonation of delay filed by the borrower along with S.A. Now the final order has already been passed on 04.11.2019 as per record. Thus, the order dated 10.04.2019 stood merged into the final order and the same has attained finality. Accordingly, there is no merit in the amendment application, therefore, the same is dismissed.
List this case on 16.03.2023 for reply.
Justice R. D. Khare Chairperson
VN Giri
2 issues framed by the court
Whether an amendment application seeking permission to add a prayer to set aside an interim order is maintainable when that order has merged into a final order which has attained finality.
Whether respondents who failed to file replies despite opportunities should be permitted to do so.
Dena Bank/Bank of Baroda
M/s Janta Ply N Glass Sons And Ors.
R. D. Khare
VN Giri
As recorded by the court registry
7 orders share this CNR
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