The Tribunal dismissed a restoration application in an appeal pending since 2016. The application sought to excuse non-appearance on the ground of a Bar strike on 02.03.2021, but record evidence showed the strike was for 03.03.2021, rendering the ground non-existent.
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M.A. No. 19/2021 In Regular Appeal No. 97/2016 Date: 01.12.2022
Syndicate Bank Vs. Alok Kumar Srivastava & Anr. Present: Shri B. K. Kesharwani, counsel for the appellant,
The ground taken in the restoration application is that the strike was called for by the Bar on 02.03.2021, therefore, the learned counsel for the appellant could not appear. The record of the registry was summoned and the resolution of the Bar was placed before this Tribunal, according to which the intimation was sent that all the members of the Bar shall abstain from the judicial work on 03.03.2021 and there was no resolution for 02.03.2021. Notices on the restoration application were sent, but as per office report dated 30.11.2022, no affidavit of service has been filed. The appeal is of the year 2016. In any way of the matter, as the ground taken for restoration is not in existence, therefore, the restoration application is dismissed.
Justice R. D. Khare Chairperson
VN Giri
2 issues framed by the court
Whether the restoration application should be dismissed on the ground that the basis for vacation of the hearing (bar strike on 02.03.2021) is not in evidence.
Whether an appeal pending since 2016 can be restored when the grounds for non-availability of counsel are found unsubstantiated.
Syndicate Bank
Alok Kumar Srivastava & Anr
R. D. Khare
VN Giri
As recorded by the court registry
2 orders share this CNR
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