Kamlesh Kumar Kesarwani and Anrs v. Allahabad Bank and 6 Others

Regular Appeal No. 208/2017 Date: 22.03.2023

Kamlesh Kumar Kesharwani and Anr. Vs. Allahabad Bank and Ors.

Present: Shri Ashok Pandey, counsel for the appellants, Shri M. K. Srivastava, counsel for the respondent No. 1- Allahabad Bank,

Shri Manoj Kumar Srivastava, counsel for the respondent-CBI, Ex-parte against the respondents no. 2 to 6,

Learned counsel for the appellants files reply to the objection filed by the respondent-Bank against the application for leave to appeal, copy of which has been served upon the appearing counsels for the respondents.

Heard the learned counsel for the appellants, who states that the application for leave to appeal was filed by them, because they were not made party before the Tribunal below and they came to know about the same, when the present order was passed. Accordingly, they moved an application under section 146 of the CPC for grant of leave to appeal. The learned counsel further submits that the matter is squarely covered by a judgment passed by the Hon’ble Supreme Court in case of Rajesh Kumar Vs. Sardari Lal and Ors., 2004 SCC 601.

Learned counsel for the respondent-Allahabad Bank submits that the appellants have not shown as to how their right is being affected, therefore, they cannot file any application for leave to appeal. The learned counsel further states that he shall file rejoinder to the reply filed by the appellants today by the next date.

List this case on 11.07.2023 for rejoinder.