Balwant Singh v. State Bank Of India & ORS
2023:PHHC:153083
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-353-1992 (O&M) Date of decision: 30.11.2023 Balwant Singh
...Petitioner(s)
Vs.
State Bank of India & Others
...Respondent(s)
CORAM:
HON'BLE MS. JUSTICE NIDHI GUPTA Present:- None for the petitioner.
Mr. Rajinder Goel, Advocate for respondent No.1.
Respondents No.2 to 5 need not be served vide order dated 16.03.1992.
*** NIDHI GUPTA, J.
Vide order dated 28.04.1993, present case was directed to be heard along with RSA-179-1981. It is informed that the said RSA-179-1981 has since been dismissed vide order dated 08.09.2004. As per office report dated 17.08.2023, learned counsel for the petitioner and respondent No.1 were informed regarding the date fixed through e-mail. However, on the next date of hearing i.e. on 25.09.2023, as there was no representation on behalf of the petitioner, Co-ordinate Bench of this Court had directed for issuance of notice to the petitioner by way of ordinary process as well as by way of affixation on the given address.
SUNENA 2023.12.05 17:21 I attest to the accuracy and authenticity of this document
2023:PHHC:153083 Today also, there is no representation on behalf of the petitioner. Further, as per office report dated 29.11.2023, the petitioner has "died".
In view of the above noted position, issuance of fresh notice to the petitioner would be an exercise in futility. It appears that due to sheer long pendency of the petition before this Court for a period of more than 30 years, the petitioner has lost interest in pursuing the petition as no attempt has been made by him to contact his counsel. Even, no one has been putting in appearance on behalf of the petitioner despite intimation. Hence, this Court is left with no other option but to dismiss the present petition for want of prosecution. However, liberty is granted to the LRs of the petitioner to revive the present petition in accordance with law, within a period of 6 months from today, if so advised. Pending application(s) if any also stand(s) disposed of. 30.11.2023 (Nidhi Gupta) Sunena Judge Whether speaking/reasoned: Yes/No Whether reportable:
Yes/No SUNENA 2023.12.05 17:21 I attest to the accuracy and authenticity of this document