State Bank Of India vs Mr. Amitabh Sharam & Ors.

It is 3.40 pm. None for the respondents no.1 and 2 despite repeated calls. The respondent no.3 stated to be served through publication and not appeared, hence, the respondents no. 1 to 3 are proceeded ex parte.

There is a delay of 433 days in filing the present appeal. It is stated that the free copy of the impugned order/judgment dated 13.09.2023 was not received by the appellant as such the appellant was not aware about the passing of the impugned order/judgment dated 13.09.2023. The appellant came to know about passing of the impugned order/judgment on 02.12.2024.

After considering all facts, the delay in filing the present appeal is condoned. The application is accordingly allowed.

The appellant filed O.A. bearing No. 638/2022 titled as State Bank of India v. Amitabh Sharma & others, which was ordered to be dismissed vide impugned order dated 13.09.2023 in default. DRT-II, Chandigarh in the impugned order observed that non appearance of the Advocates due to strike warrants to be ignored out-rightly by the Tribunal. It appears that the present O.A. was dismissed in default due to the non-appearance of the Advocate for the appellant due to ongoing Bar strike. Although no sufficient ground is made out to set aside the impugned order dated 13.09.2023 but in the interest of justice, the impugned order dated 13.09.2023 is set aside and O.A. bearing No. 638/2022 is ordered to be restored to its original number.

DRT-II, Chandigarh is directed to decide the O.A. bearing No. 632/2022 in accordance with law.

Parties are directed to appear before DRT-II, Chandigarh on 17.07.2026 for further direction.