Amandeep Singh vs Punjab & Sind Bank on 28 March 2019

MA No.16/19 In SA No.466/17 Amandeep Singh Vs Punjab & Sind Bank & Ors.

28.03.2019 Item No.5 Present: Shri Kunal Vinayak, counsel for the applicant

This Misc. Application has been filed by the applicant for restoration of SA No.466 of 2017 which was dismissed for non prosecution on the part of the applicant vide order dated 18.02.2019.

The arguments of the applicant is that it was a bonafide mistake on the part of the applicant as the counsel for the applicant due to bonafide mistake noted the next date as 28.02.2019 instead of 18.02.2019, the date to which the case was actually fixed, and when counsel for the applicant appeared in this Court on 28.02.2019, it transpired that the case was dismissed for want of prosecution due to non appearance on 18.02.2019 itself. I have perused the record and it has been found that after noting of wrong date as 28.02.2019 applicant took another 11 days to move this Misc. Application. Moreover, it was not only the reason that applicant was not present on 18.02.2019 whereas perusal of record shows that the applicant was not present on 29.06.2018 as well as on 17.10.2018 then on 18.02.2019, the date when case was dismissed due to non prosecution and past conduct of the applicant shows that mostly in this case the proxy counsel was coming on behalf counsel for the applicant and was seeking adjournment from last so many dates. Hence after being duly satisfied with the documents on record and in the light of established law, the grounds mentioned in the MA are not sufficient to prove either the bonafide or merit. Therefore MA stands dismissed due to devoid of merit. Since MA stands dismissed, hence any application filed in this MA also stands disposed off accordingly. File be consigned to Record Room. Order Dasti.

(Harcharn Singh), Presiding Officer, DRT-I, Chandigarh Rajinder 28.03.19