Vikash Goel v. Oriental Bank of Commerce and 8 Ors.
Case brief
What is this about?
In an interim order regarding a regular appeal, the bench dispensed with service of notice to respondent numbers 8 and 9 deemed as pro forma parties and listed the case for the next date for waiver proceedings.
What did the court decide?
Dispensed with the service of notice regarding respondent nos. 8 & 9.
What the court decided
Regular Appeal No. 312/2015 Date: 28.03.2023
Vikash Goel Vs. Oriental Bank of Commerce & Ors.
Present: Shri Ashok Pandey, counsel for the appellant, Shri Himanshu Tiwari, counsel for the respondent-Bank, None for the other respondents,
The office report dated 27.03.2023 shows that only reply of the respondent no. 1 is on record, but no reply has been filed on behalf of the respondent nos. 2 to 7. The said report further reveals that no steps has been taken by the appellant for service of notice upon the respondent nos. 8 & 9 and delay condonation application as well as waiver application is pending and that no pre-deposit has been made. The appeal is of year 2015.
Let the appellant explain as to how the appeal is maintainable in absence of pre-deposit on the next date.
Learned counsel for the appellant submits that all the properties have been sold and respondent nos. 8 & 9 are the proforma parties as there is no relief claimed against them, therefore, the service of notice with regard to the said respondents may be dispensed with. Ordered accordingly.
List this case on 19.07.2023 for waiver.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
2 issues framed by the court
Whether service of notice is required for respondent numbers 8 and 9 who are pro forma parties.
Whether the appeal is maintainable in absence of pre-deposit.
Parties & counsel
- appellant
Vikash Goel
- respondent
Oriental Bank of Commerce & Ors.
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
6 orders share this CNR
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