Uco Bank & Another vs Dr Sanjeev Kumar Agarwal & Others
2013 Latest Caselaw 1520 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 27
 

 
Case :- CIVIL REVISION No. - 10 of 2004
 

 
Petitioner :- Uco Bank & Another
 
Respondent :- Dr Sanjeev Kumar Agarwal & Others
 
Petitioner Counsel :- Manoj Misra
 
Respondent Counsel :- M.K.Gupta,P.K.Singhal
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Delay Condonation Application No.96546 of 2013

Restoration Application No. 96549 of 2013

The revision was dismissed for want of prosecution by the order dated 12.9.2012 in view of the fact that the service of notice upon the revisionist was sufficient and no one has put in appearance on behalf of the revisionist.

The affidavit accompanying delay condonation application shows that the revisionist bank shifted from the earlier premises which was indicated in the array of parties in the memo of Civil Revision and the new place is "UCO Bank Bartan Bazar(New Lajpat Nagar), Moradabad". Learned counsel submits that on account of change in address, notice could not be received. only when  the execution case is filed,he came to know about the vacation of stay order dated 14.1.2004 passed by this Court. Delay in filing  restoration application is allowed. Delay is condoned.

In view of said fact,  order dated 12.9.2012 passed by this Court is recalled.  The restoration application is allowed.

The revision  is restored to its original number and the interim order dated 14.1.2004 stands revived.

However, the revisionist is directed to move proper application by giving correct address of the revisionist for making correction in the array of parties in the memo of revision. Learned counsel for the revisionist Sri Manoj Misra has been elevated to the Bench of this Court. Let notice be issued to the revisionist to engage another counsel.

Sri Yashwant Singh, learned counsel has put in appearance on behalf of the revisionist bank.

List this revision before appropriate Bench. It shall not be treated as tied up or part heard to this Bench.

Order Date :- 30.4.2013

P.P.