State Bank Of India v. Badri Prasad Koushik

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Civil Case No.623 of 2018 • State Bank Of India Banking Body Under State Bank Of India Act 1955 Through Branch Manager, State Bank Of India, Branch Agriculture Development Dayalband, Bilaspur, Tahsil And District Bilaspur Chhattisgarh.

---- Applicant

Versus

1. Badri Prasad Koushik S/o. Premlal Koushik, Aged About 51 Years R/o. Village Bikuli, Tahsil Bilha, Distt. Bilaspur Chhattisgarh.

2. Santosh Kumar Koushik, S/o. Badri Prasad Koushik R/o. Village Bikuli, Tahsil Bilha, Distt. Bilaspur Chhattisgarh. ---- Respondents ------------------------------------------------------------------------------------------- For the Applicant : Shri Sudhir Agrawal, Advocate For the respondents : None ------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 11.9.2018.

1.

Heard the instant MCC which is an application for correction in the order dated 30.7.2018 passed in First Appeal No.34/2003. 2.

Learned counsel for the applicant submits that on 30.7.2018, counsel for the respondent was present in the Court, but his name was not marked in the order passed in FA No.34/2003.

3.

Perused the order dated 30.7.2018. In the said order, it appears that Shri Sanjay Agrawal was present for the appellants i.e. for appellants Badri Prasad Kaushik and Santosh Kumar Kaushik in FA No.34/2003. On that day no one was present on behalf of the respondent in the said appeal. Therefore, presence of the respondent was not marked. Presence is marked only

when anyone is present in the Court. When no one was present for the respondent in that appeal, their presence cannot be marked.

4.

The application is accordingly rejected.

SD/- (Ram Prasanna Sharma) JUDGE Bini