Vivek Kumar vs Syndicate Bank And 2 Others
2023 Latest Caselaw 19225 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:149800
 
Court No. - 6
 

 
Case :- WRIT - C No. - 23284 of 2023
 

 
Petitioner :- Vivek Kumar
 
Respondent :- Syndicate Bank And 2 Others
 
Counsel for Petitioner :- Abhay Kumar Singh,Gyanendra Tripathi
 
Counsel for Respondent :- Krishna Mohan Asthana
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Learned counsel for the petitioner is permitted to make necessary correction in the array of parties of the petition.

Heard Mr. Abhay Kumar Singh, learned counsel for the petitioner and Mr. Ankit Saran, learned counsel for the respondent-bank.

The present petition has been filed by the petitioner with the following relief:

"A) Issue an appropriate writ order or direction in the nature of certiorari quashing the judgment and order dated 03.05.2023 vide which the restoration applications of the petitioner are dismissed.

B) Issue an appropriate writ order or direction in the nature of mandamus directing the Ld. Debt Recovery Appellant Tribunal, Allahabad to hear the petition R-25 of 2014 on merit after allowing the restoration application M.A. No. 31 of 2021 and M.A. No. 156 of 2019.

C)...."

Learned counsel for the respondent-bank submits that the restoration applications of the petitioner have been rejected thrice, twice by the DRT and once by the DRAT, therefore, it is evident that the petitioner is adopting delaying tactics.

However, learned counsel for the petitioner submits that the petitioner will not absent himself on any dates in future.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction to the petitioner to make a fresh restoration application before the authority concerned within two weeks from today along with a certified copy of this order and, if any such application is made, the authority concerned shall make all endeavors to consider and decide the same after giving opportunity of hearing to all the parties, in accordance with law, as expeditiously as possible.

It is made clear that this Court has not examined the merits of the claim of the petitioner and the authority concerned shall apply its own mind strictly in accordance with law.

Order Date :- 26.7.2023

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