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IA(l.B.C)/ 1177(CH)2024
The reply has been filed by learned counsel for the respondent vide Diary No.01634/1 dated 15.05.2024. The same is taken on record.
Heard. The present application has been filed for preponement of the application for restoration i.e. Restoration Application No.11/2024. The urgency involved in the present application is that the main petition CP(IB) No. 89/Chd/Pb/2024 which was dismissed for non-prosecution on 01.05.2024. The application for restoration was filed on the same day as there was death of uncle of Mr. Karan Gaba, Advocate, one of the counsels for the applicant. Moreover, it is stated that notice for possession of the property has been fixed for 24.05.2024 by the Tehsildar and according to the Ld. Counsel for applicant, if the application for restoration is not preponed and heard on merits then it would cause irreparable loss to the applicant.
On the other side, it is stated by Ld. Counsel for the Union Bank of India, Mr. Kamal Satjia that the application for restoration may not be preponed as this application for restoration cannot be heard by Special Bench and the impugned Order dated 01.05.2024 for dismissal of the main petition for non-prosecution was passed by the Regular Bench comprising Hon’ble Sh. Harnam Singh Thakur, Member (Judicial) and Hon’ble Sh. L.N. Gupta, Member (Technical). The past conduct of the applicant is to avoid and obviate the notice under SARFAESI Act. However, keeping in view the facts and circumstances of the application for preponement and reply thereto as well as in the interest of justice, the application is allowed and the application for restoration of the main petition is preponed for today and the same will be taken up at 12:30 p.m. IA No. 1177/2024 is allowed and disposed of accordingly.
Dasti copy of the order be given to learned counsel for the parties after obtaining concurrence of Member Technical, Mr. D. ARVIND, Kolkata Bench.