ASHISH SONI vs PUNJAB NATIONAL BANK on 14 February 2020

CONTD. ORDER-SHEET

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<table border="1"><thead><tr><th data-bbox="93 128 191 148">DATE</th><th data-bbox="191 128 721 148">DESCRIPTION OF THE ORDER</th><th data-bbox="721 128 947 148">REMARK</th></tr></thead><tbody><tr><td data-bbox="93 148 191 891">MA 165/19<br/>14/02/20</td><td data-bbox="191 148 721 891"><p>Pr: Shri.Amit Sahni, Adv. for the Applicant.<br/>Shri.Rahul Dubey, Adv. for the Res. bank.</p><p>The present MA has been filed on 12-12-19 seeking restoration of MA 34/19 which was dismissed in default vide order dtd.03-12-19.</p><p>Counsel for the applicant submits that on 03-12-19 he was present in DRT till lunch to attend the matter but was informed that the Tribunal will hear only requested matter after lunch and his matter will not be heard today till working hours.</p><p>On being asked, the source of such information, Counsel for the applicant is unable to give any answer. It is also interesting to note that the affidavit in support of the MA has been filed by the applicant himself and not by the Counsel Shri.Sumit Vaidya whose name find mention in Para 5 of the MA and is also present today. Despite the apparent callous approach on behalf of the applicant, I am inclined to take a lenient view and allow the present MA, in order to hear the matter on merits, subject to deposit of cost of Rs.5,000/- with Bharat Ke Veer Fund within seven days from today.</p><p>Let MA 34/19 be restored to its original number and copy of this order be placed in the said MA.</p><p>With these directions, the present MA stands finally disposed of.</p><p>Record be consigned to Record Room.</p><p style="text-align: right;">sd/-<br/>(Brajesh K. Sinha)<br/>Presiding Officer</p></td><td data-bbox="721 148 947 891"></td></tr></tbody></table>