Vimla Singh v. State Bank of India and Ors.

M.A. No. 56/2022 In Appeal Dy. No. 227/2019 Date: 12.07.2023

Vimla Singh Vs. State Bank of India & Ors.

Present: Shri R. G. Goswami, counsel for the applicant, Shri Sandeep Arora, counsel for the respondent-Bank, None for the other respondents,

Learned counsel for the appellant submits that there has been violation of Rules 3, 8(6) and 9(3) of the Rules, 2002, hence the order impugned is bad in law and the appeal deserves to be allowed.

Learned counsel for the respondent-Bank submits that the copy of restoration application has not been served upon him. Learned counsel for the appellant submits that he shall serve the same upon the counsel for the respondent-Bank during course of the day, who may file reply by the next date fixed.

On 15.11.2022, Shri A. P. Singh, counsel for the respondent no. 3-Asset Reconstruction Company India Ltd. was represented through his brief holder Shri Alok Rai, Advocate, but after dismissal of the appeal, he does not appear.

As prayed, let the appellant take fresh steps within 10 days for service of notice upon the respondent nos. 2 & 3 by publication in the newspaper having wide circulation in the area. Affidavit of service along with proof of publication be filed by the next date.

As prayed, list this case on 12.10.2023 for restoration.

Justice R. D. Khare Chairperson