S.K. Das v. State Bank Of India

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.C.C. NO. 502 OF 2021 • S.K. Das, S/o Late Vinay Das, aged about 55 years, R/o Qr. No. B Type 18, Hospital Colony, Bishrampur District Surguja (CG) ... Applicant/Petitioner versus 1.

State Bank of India, through Chief General Manager, Local Head Office, Hoshangabad Road, Bhopal (MP) 2.

General Manager, Network 2, State Bank of India, Local Head Office, Hosangabad, Bhopal (MP) ... Non-applicants/Respondents For Applicant/Petitioner :

Ms. Deepali Pandey, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board [21 /09/2021 ] 1.

Ignoring the defaults pointed out by the Registry in the instant case, the matter was heard finally at admission stage on merits with the consent of learned Counsels appearing for the parties. 2.

The present MCC has been filed by Applicant/Petitioner for restoration of W.P.(S) No.2656/2011 which got dismissed by a peremptory Order passed by this Court on 31.8.2020.

3.

The present is a case where the original Petitioner had challenged his termination order before this Court and pending the Writ Petition he died. The legal heirs of the original Petitioner had moved an application for amendment in the Writ Petition for substituting them to pursue with the Writ Petition. The amendment was allowed and time was granted for incorporating the amendment. However, the amendment could not be carried out and in spite of extended time granted the amendment could not be carried out, on account of which the said Writ Petition got dismissed by a peremptory Order passed by this Court on 31.8.2020.

4.

Having heard the submissions of learned Counsel for Applicant/Petitioner, a strong and justifiable case for restoration of W.P.(S) No.2656/2011 is made out.

5.

Accordingly, the MCC is allowed. W.P.(S) No.2656/2011 is restored to its original number for hearing in the week commencing 4th of October, 2021.

6.

MCC stands allowed and disposed of accordingly. Sd/- (P. Sam Koshy) /sharad/ Judge