State Bank of India v. M/ S Gugnani Buildcon Pvt. Ltd. and 6 Ors.

Appeal Dy. No. 454/2021 Date: 19.07.2022

State Bank of India Vs. M/s Gungani Buildcon Pvt. Ltd. & Ors.

Present: Shri Shivanshu Bajpai, counsel for the appellant, Shri V. K. Shukla, counsel for the respondent no. 1,

Vide earlier order dated 24.03.2022 of this Tribunal, notices were directed to be issued to the respondents except the respondent no. 1. Accordingly, the notices were issued. The office report dated 18.07.2022 shows that neither any affidavit of service has been filed by the appellant nor any envelope has been returned back. Let the learned counsel for the appellant file affidavit of service along with tracking report to authenticate the service upon the respondents no. 2 to 7. The said report further shows that no reply to the delay condonation application has been filed by the respondent no. 1 inspite of one opportunity being granted to him.

Shri V. K. Shukla, Advocate files his vakalatnama on behalf of the respondent nos. 2, 4 & 5 also.

On 24.03.2022 it was contended on behalf of the appellant that the appeal has been filed beyond the period of limitation of 15 days, but it is covered by a judgment dated 10.01.2022 passed by the Hon’ble Apex Court in Suo-Moto writ petition (C) No. 3 of 2020.

In view of the above, the application for condonation of delay is allowed and the delay occurred in filing the present appeal is condoned.

List this case on 27.09.2022 for service.