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Judgment
The appeal was dismissed in default on 17.01.2017. MA/129/2017 for restoration was moved on which notices were issued on 28.04.2017. The said application was allowed on 15.09.2017 and the appeal was restored to its original number, subject to payment of cost of Rs.5,000/-.
Thereafter the case was being listed but could not proceed any further and the appeal was again dismissed for want of prosecution on 05.03.2024, when no one appeared on behalf of the appellant. However, Mr. Vipul Jai was present for the respondent- Bank.
MA/282/2024 was filed praying for restoration and on 22.04.2024, learned counsel for the appellant was called upon to verify as to whether the costs of Rs.5,000/- imposed on the appellant while restoring the appeal in 2017 has been deposited or not.
Learned counsel for the applicant/ appellant sought time again on 22.05.2024 to intimate about the proof of deposit of the cost.
Today the matter had been again listed and no one is present either to press the application or the appeal or even tender any information with regard to the deposit of the cost as imposed earlier. This negligence cannot be now permitted to perpetuate on account of lapse of the learned counsel. The application as well as the appeal both are dismissed for want of prosecution.