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M.A. No. 56/2021 In Regular Appeal No. 93/2015 Date: 25.05.2022
Col. (retd.) K.S. Malik Vs. New Bank of India & Ors.
Present: Shri Ashok Pandey, counsel for the appellant, Shri A. P. Singh, counsel for the respondent-Bank,
Learned counsel for the appellant submits that he shall file affidavit of service along with tracking report and he says that the respondent nos. 1 & 2 have been served and are being represented by Shri A. P. Singh and the remaining respondents have also been shown to be served as per tracking report, which shall be brought on record during course of the day.
Learned counsel for the respondent-bank submits that since the recall application is filed within time, therefore, he has no objection, if the order dated 17.09.2021 passed by this Tribunal is recalled.
Learned counsel for the appellant submits that due to Covid19, the hearing of the cases was not taking place physically and the appellant had got no information about the date fixed in the case and as such he could not appear before this Tribunal on 17.10.2021, when the appeal was dismissed.
In view of the above, the order dated 17.10.2021 passed by this Tribunal is recalled and the appeal is restored to its original number. The respondents, who are served, may file reply by the next date, if so desired.
List this case on 06.09.2022.
Justice R. D. Khare
Chairperson
VN Giri
Col. (retd.) K.S. Malik
New Bank of India
R. D. Khare
VN Giri
As recorded by the court registry
8 orders share this CNR
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