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Madras High CourtWMP/36037/2024ordered

Jang Bahadur Chaudhry v. Indian Overseas Bank

2025-02-17Honourable Mr Justice Rmt. Teekaa Raman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-02-2025

CORAM

THE HONOURABLE MR JUSTICE RMT. TEEKAA RAMAN WMP NO. 36037 of 2024 IN WP NO. 33196 OF 2014 Jang Bahadur Chaudhry S/o.Late Atma Ram Chaudhry, B-5/123, Sector 4, Rohini, New Delhi 110 085 Petitioner(s) Vs Indian Overseas Bank Rep by its Chairman and Managing Director, 763 Anna Salai, Chennai 2 Respondent(s) Jang Bahadur Chaudhry S/o.Late Atma Ram Chaudhry, B-5/123, Sector 4, Rohini, New Delhi 110 085 Vs indian Overseas Bank S/o.Late Atma Ram Chaudhry, B-5/123, Sector 4, Rohini, New Delhi 110 085 WMP NO. 36037 of 2024 For Petitioner(s):

S. Saravana Kumar R.Raji-ms/1676/2014 T.Lavanya For Respondent(s):

R1 - INDIAN OVERSEAS BANK Rep by its Chairman and Managing Director, 763 Anna Salai, Chennai 2

Batta Not Filed Reg Respondent.

Private Notice Permitted Proof Not Filed For :

M/s.C.R.Chandrasekaran R.Ramesh M/s.Rajeni Ramadass, C.P.Senthil Sujatha And E.Santhanalakshmi For Respondent For :

Mr.S.Rajeni Ramadass, Standing Counsel ********

O R D E R

The learned counsel for the petitioner stated that due to the absence of representation on 29.07.2022, the petition was dismissed for default. Consequently, the petitioner has filed an application to condone the delay in restoration.

2. The learned counsel for the respondent strongly opposed the application, relying on the affidavit. Since the petitioner's previous counsel was admittedly deceased, there was no representation. Although there was some delay on the part of the petitioner, there was no representation on the date of the hearing.

3. Considering that the petitioner's counsel is no more, I am inclined to allow this petition.

4. The Registry is directed to number the restore petition in W.M.P.No.36037 of 2024.

17-02-2025 nvi WMP NO. 36037 of 2024 To

1. indian Overseas Bank Rep by its Chairman and Managing Director, 763 Anna Salai, Chennai 2

1. indian Overseas Bank S/o.Late Atma Ram Chaudhry, B-5/123, Sector 4, Rohini, New Delhi 110 085

RMT.TEEKAA RAMAN,J., nvi WMP NO. 36037 of 2024 IN WP NO. 33196 OF 2014

17.02.2025