The Single Judge dismissed two restoration applications filed by the applicant, rejecting the ground of network failure connecting to the VC link as insufficient cause to recall previous orders of dismissal for want of prosecution and non-compliance.
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Misc. Application No. 31/2021 in M.A No. 156/2019 In Regular Appeal No. 25/2014
Date: 03.05.2023
Madan Pal Sharma And Anr. Vs. Syndicate Bank And Ors.
Present: Shri Abhay Kumar Singh, counsel for the applicant, Shri B.K Kesarwani, counsel for the respondent-Bank, Shri M.K Srivastava, counsel for the respondent no. 2 and 3,
Learned counsels for the respondents contend that they do not want to file any reply to the restoration application.
Heard the learned counsels for the parties on the restoration applications.
The M.A No. 31/2021 has been filed for recall of the order dated 23/07/2021 by which the restoration application being M.A No. 156/2019 was dismissed for want of prosecution. It is contended by the learned counsel for the appellant that he could not connect with the VC link due to non availability of network, therefore, the restoration application No. 156/2019 was dismissed for non prosecution.
The M.A No. 156/2019 which is third restoration application, was filed with prayer to recall the order dated 27/02/2019, whereby the appeal was dismissed for non compliance of the order dated 11/12/2018, vide which the M.A No. 19/2016 was allowed and the appeal was restored to its original number with direction to remove the defects within three weeks from the date of said order, but inspite of giving several opportunities, the defects were not removed.
Therefore the appeal was dismissed for non removal of defects.
After hearing the learned counsels for the parties, this Court is of the opinion that no good ground has been made out by the applicants for allowing the aforesaid two restoration applications. Accordingly, both the applications i.e. M.A No. 31/2021 and M.A No. 156/2019 are dismissed.
Justice R. D. Khare Chairperson
VN Giri
2 issues framed by the court
Whether good grounds exist for recalling the orders dismissing restoration applications M.A No. 31/2021 and M.A No. 156/2019.
Whether the applicant's claim of network failure constitutes a sufficient ground for restoring the appeal.
Madan Pal Sharma And Anr.
Syndicate Bank And Ors.
R. D. Khare
VN Giri
As recorded by the court registry
6 orders share this CNR
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