Harbhajan Singh Nagpal vs State Bank Of India & Ors.

There is a delay of 90 days in filing the Misc. Application No.35/2026 for restoration of the appeal beraing no.99/2023. After considering all facts and the reasons stated in the application, the delay in filing the Misc. Application no.35/2026 is condoned.

The instant application is filed for the restoration of the appeal bearing no.99/2023 which was ordered to be dismissed in default vide order dated 27.01.2026. It is stated in the application that due to network/connectivity disruption none could appear on behalf of the appellant when the case was called for hearing on 27.01.2026. The absence of anybody on behalf of the appellant was neither deliberate nor intentional and the appellant came to know about the dismissal of the present appeal only on 15.05.2026. After considering all facts, the Misc. Application no.35/2026 is allowed and the appeal is restored to its original number. The application stands disposed of.

Issue notice of the application to the respondents no.1 to 3. Sh. Amrendra Kumar Singh, Advocate accepted notice on behalf of the respondents no.1 to 3. He seeks time to file reply to the application. Let reply be filed at least one week prior to the next date of hearing with advance copy to the counsel for the appellant.

Sh. Sovi Bipnit Singh, Advocate for the appellant referred the order dated 05.05.2023 whereby the respondent no.1 was allowed for the release of the amount of Rs.1,03,16,564.34 which was to be kept in the form of FDR or any other mode and the bank was ordered not to appropriate the said amount till further orders of this Tribunal. Till the next date of hearing, the order dated 01.05.2023 shall remain in force.

List on 27.07.2026. In the meantime, the appellant is directed to approach the respondent no.1 for amicable settlement of pending dispute.