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Judgment
Present as under: Mr. Dhrumit Chauhan, Counsel for the Applicant/Appellant through VC. No representation for the Respondent Bank despite repeated calls.
Misc. Application No. 58/2026 for the restoration of the appeal which was dismissed on 19.08.2026 by this Appellate Tribunal is taken up on praecipe.
The Learned Counsel for the Applicants/Appellants would submit that Mr. Somesh Talla had appeared for the Respondent Bank on 11.09.2026 however, the Learned Chairperson in-charge adjourned the matter for today i.e. 15.09.2026 for adjudication on the point of restoration of the main appeal.
The Learned Counsel for the Applicants/Appellants would submit that on 19.08.2026 the counsel for the Applicants/Appellants was appearing through VC in hybrid mode however, due to the technical glitch at the end of the Counsel for the Applicants/Appellants could not be connected with Appellate Tribunal , consequently , the Misc. Appeal No. 75/2025 of Applicant was dismissed for default.
Considered and perused the record.
In absence of any objection from the Respondent Bank the appeal is hereby restored.
At this stage, the Counsel for Appellants/Borrowers would submit that I.A. No. 341/2025 was filed in the appeal for the grant of status quo qua the suit properties mentioned in para “B” and “C” of main Misc. Appeal memo. He would further submit that Respondent Bank has issued the notice to take the possession of the property, stated in para “B” and “C” of the main appeal on today i.e. 15.09.2026. He would fairly concede that the Respondent Bank has not filed the reply to this I.A. No. 341/2025 for grant of status quo order. It is already 2 : 40 p.m. now.
Keeping the facts in view that the possession of the property is scheduled to be taken today i.e. 15.09.2026 and no reply has been filed to this application, the Respondent Bank is directed to maintain the status quo till the next date of hearing if possession is not already taken. Meanwhile the Respondent Bank is directed to file the reply objection to the application I.A. No. 341/2025 with an advance copy to the Respondent within three weeks.
List the matter on 27.11.2026 for hearing.