M/S Rajaram And Brothers v. Punjab National Bank

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C. No. 560 of 2018

1. M/s Rajaram And Brothers Through Suryakant Gupta, Aged About 50 Years, S/o Late Shri Rajaram Gupta Residence Lalbagh (Kailash Nagar) Rajnandgaon Chhattisgarh.

2. Suryakant Gupta S/o Late Shri Rajaram Gupta Aged About 50 Years Residence Lalbagh (Kailash Nagar) Rajnandgaon Chhattisgarh. ---- Applicant

Versus

Punjab National Bank Through Branch Manager, Kamthi Line, Rajnandgaon, District Rajnandgaon Chhattisgarh. ---- Non-applicant For Applicants:

Shri P.K.C. Tiwari, learned senior Advocate along with Shri Ashutosh Trivedi, Advocate.

For Non-Applicant:

None.

Single Bench:Hon'ble Shri Sanjay Agrawal, J Order On Board 22.01.2019 1.

In compliance of the order dated 26.09.2018, P.F was paid on 27.09.2018 by registered mode. Since the notice has been issued by registered mode and no acknowledgment has been received till date, therefore, it shall be presumed that the Respondent (Punjab National Bank) has been served by virtue of proviso of Rule 167 of the High Court of Chhattisgarh Rules, 2007.

2.

Heard on I.A. No.01, an application for condonation of delay of 611 days in filing this MCC.

3.

On due consideration, the same is allowed and delay in filing this MCC is accordingly condoned.

4.

Heard on admission.

5.

This M.CC has been filed for restoration of F.A. No.41/2003, which was

dismissed in default by this Court vide order dated 06.10.2016. 6.

For the reasons assigned in the application for restoration of the said appeal, I am inclined to allow the same.

7.

Accordingly, the instant M.C.C is allowed and F.A. No.41/2003 is restored to its original number. No order as to costs. Sd/- (Sanjay Agrawal) JUDGE Nikita