Sunil Kumar Verma and 2 Ors. v. State Bank of India and 3 Ors.
Case brief
What is this about?
Single judge allowed the applicant's restoration application due to a wrongly noted date in the diary causing non-appearance. The appeal was restored to its original number and notice issued to remaining respondents.
What did the court decide?
Restoration of appeal to original number M.A. No. 50/2022 and direction to issue notice to remaining respondents.
What the court decided
M.A. No. 50/2022 In Appeal Dy. No. 237/2019 Date: 20.02.2023
Sunil Kumar Verma & Ors. Vs. State Bank of India & Ors. Present: Shri Prakhar Srivastava, counsel for the appellants,
Heard the learned counsel for the appellants on the restoration application.
Learned counsel for the appellants submits that the date, which was fixed, was wrongly noted in the diary, therefore, he could not appear and the appeal was dismissed for nonprosecution. The reason stated in the application is sufficient. Accordingly, the restoration application being M.A. No. 50/2022 is allowed and the appeal is directed to be restored to its original number.
Shri Sandeep Arora, Advocate has put in appearance on behalf of the respondent-Bank.
Issue notice to the remaining respondents by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.
List this case on 12.05.2023 for service.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
2 issues framed by the court
Whether to allow the restoration application due to a clerical error in the court diary.
Whether to issue notice to the remaining respondents by specified modes.
Parties & counsel
- appellant
Sunil Kumar Verma & Ors.
- respondent
State Bank of India & Ors.
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
7 orders share this CNR
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