Punjab National Bank vs Usha Sirohi & Ors.

The appellant filed O.A. bearing No. 1019/2019 titled as Punjab National Bank V. Usha Sirohi and others which was ordered to be dismissed vide order dated 01.04.2025 for default as well as for non-prosecution. After passing of the order dated 01.04.2025, Sh. G.P.S. Verma, Advocate for the appellant had appeared before DRT-II, Delhi on 01.04.2025. Subsequently, an application bearing MA No.75/2025 titled as Punjab National Bank V. Usha Sirohi and others was filed for recalling the order dated 01.04.2025. MA No. 75/2025 was allowed subject to the cost of Rs.50,000/- to be deposited in the DLSA, Patiala House, New Delhi within a period of 15 days and on payment of the cost the OA was to be restored to its original number.

Sh. G.P.S. Verma, Advocate for the appellant argued that he had appeared on 01.04.2025 before DRT-II, Delhi and his non-appearance before DRT-II, Delhi when the case was called was neither intentional nor deliberate. It is further stated that the appellant had received shared amount before the NCLT, Delhi and thereafter the appellant has already filed an application for withdrawal of O.A. bearing No. 1019/2019. Copy of the sent application is also placed on record.

Since Sh. G.P.S Verma, Advocate had appeared before the DRT-II, Delhi on 01.04.2025 and the appellant has already filed an application for withdrawal of O.A. bearing No.1019/2019, after considering other relevant facts, the cost of Rs.50,000/- imposed on the appellant is set aside. The present appeal is accordingly disposed of.