ATUL DAVID vs AXIS BANK on 16 March 2020

CONTD. ORDER-SHEET

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<table border="1"><thead><tr><th data-bbox="81 133 178 151">DATE</th><th data-bbox="178 133 708 151">DESCRIPTION OF THE ORDER</th><th data-bbox="708 133 933 151">REMARK</th></tr></thead><tbody><tr><td data-bbox="81 151 178 166">MA 38/20</td><td data-bbox="178 151 708 893"><p>16/03/2020 Pr: Shri Rohit Vishnoi, Advocate for Applicant alongwith Applicant in person<br/>Shri Abhishek Agrawal, Adv for Respdt Bank</p><p>The present MA has been filed on 19/03/2020 seeking restoration of SA 344/18 which was dismissed for want of prosecution on 20/01/2020.</p><p>Counsel for Applicant submits that the Applicant was not aware of the date of hearing. He further submits that the Applicant is a poor man and had lost track of the matter as the earlier Counsel never informed regarding the date.</p><p>Shri Umang Goyal, Advocate, who had been the Counsel for the applicant and is present in the Court today submits that the Applicant never responded to his telephonic calls for 6-7 months as a result of which he had to plead no instruction.</p><p>The Applicant at this stage submits that he never received any call. He further submits that he is into social service and has no source of income at present and is staying in the subject premises with his family and has no other place of shelter. He has started crying and also submits that his children are also not going to school for last two years.</p><p>Considering the entire circumstances, the present MA is allowed and the SA 344/18 is restored to its original position subject to deposit of Rs. 501/- in the Bharat Ke Veer Fund within 3 days. File be consigned to Record Room.</p><div data-bbox="488 685 765 765" style="text-align: right;"><p><i>Sdl</i> —</p><p><b>(Brajesh K. Sinha)</b><br/>Presiding Officer</p></div></td><td data-bbox="708 151 933 893"></td></tr></tbody></table>