The High Court recalled a previous order allowing a special appeal (DBSAW No.1810/2018), dismissed it as withdrawn by the petitioner State Bank of India due to inadvertent error, and disposed of the miscellaneous application.
The order dated 29.11.2018 in DBSAW No.1810/2018 was recalled and the appeal was dismissed as withdrawn.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Writ Misc Applicatio No. 3/2019
----Petitioners
Versus
Aditya Kumawat S/o Shri Deepakji Kumawat, Aged About 23 Years, B/c Kumawat, R/o Ward No. 03, Bus Stand, Arnod, District Pratapgarh. (Raj.).
----Respondent
For Petitioner(s) : Mr. Shridhar Mehta For Respondent(s) :
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE DINESH MEHTA
Order
04/01/2019
This misc. application has been filed by the applicant for recalling of the order dated 29.11.2018 passed in DBSAW No.1810/2018, which was allowed in terms of judgment dated 28.11.2018 rendered by this Court in the matter of State Bank of
(2 of 2)
[WMAP-3/2019]
India & Ors. Vs. Ashish Kumar & Ors (DBSAW No.1063/2018 and other connected appeals).
Learned counsel appearing for the applicant State Bank of India submits that on account of inadvertent error on their part, two special appeals were preferred by the applicant Bank against the judgment dated 31.5.2018 passed by the learned Single Judge of this Court and one of the special appeal preferred being DBSAW No.1265/2018 already stands allowed vide judgment dated 28.11.2018 rendered in Ashish Kumar’s case (supra) and, therefore, the order passed in the instant case allowing yet another appeal (DBSAW No.1810/2018) may be recalled and the applicant-appellant may be permitted to withdraw the special appeal.
In view of the above, the order dated 29.11.2018 passed by this Court in DBSAW No.1810/2018 is recalled. The DBSAW No.1810/2018 is dismissed as withdrawn.
The misc. application is disposed of accordingly.
(DINESH MEHTA),J
(SANGEET LODHA),J
72-CPGoyal/-
State Bank Of India
Aditya Kumawat
SANGEET LODHA
DINESH MEHTA
As recorded by the court registry
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