Created by Fuzzy Cloud

Patna High Court

The Punjab National Bank, Through Its Chairman And Managing Director and OrsversusSanjay Kumar Srivastava

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed for non‑prosecution because the appellants failed to appear after being given a final opportunity.

Summary

The Punjab National Bank filed a Letters Patent Appeal (LPA No. 911 of 2018) against a civil writ jurisdiction case. The court scheduled a hearing on 19 October 2022, but the appellants failed to appear. The court then gave a final opportunity by re-listing the matter for 17 November 2022, warning that failure to appear would result in dismissal for non‑prosecution. The appellants again did not appear on the rescheduled date. Consequently, the Patna High Court dismissed the appeal for non‑prosecution, as per the order of Justice P. B. Bajanthri and Justice Purnendu Singh.

Issues considered

  • Whether the Letters Patent Appeal should be dismissed for non‑prosecution due to the appellants' failure to appear despite a final opportunity

Subjects

  • Letters Patent Appeal
  • non‑prosecution
  • dismissal
  • procedural default
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Letters Patent Appeal No.911 of 2018
                                                    In
                              Civil Writ Jurisdiction Case No.10392 of 2003
                 ======================================================
           1.     The Punjab National Bank, Through Its Chairman And Managing Director
           2.    The Zonal Manager and Appellate Authortiy, Punjab National Bank, Zonal
                 Offic Block, Chanakya Place,
           3.    The Senior Regional Manager and Disciplinary Authority, Punjab National
                 Bank, Regional Office, Patn
           4.    The Branch Manager, Punjab National Bank, Branch Office, Saksohra,
                 District - Patna.


                                                                          ... ... Appellant/s
                                                 Versus

                 Sanjay Kumar Srivastava son of Sri Gopal Bhusan Prasad R/o 25-B, Gandhi
                 Nagar, Boring Road, P.S. - S.K.Puri, District - Patna.

                                                           ... ... Respondent/s
                 ======================================================

                 Appearance :
                 For the Appellant/s    :    Mr. Amit Kumar Anand, Advocate
                 For the Respondent/s   :    Mr. Anup Kumar Changdar, Advocate
                                             Md. Nazir Ansul, Advocate

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
                         and
                         HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

7   17-11-2022                  On 19.10.2022, the following order was passed:-

                                             "None     appears      for     the
                                   appellants.

                                             In order to give one more
                                   opportunity, re-list this matter on
                                   17.11.2022, as a last chance, failing
                                   which present L.P.A. would be dismissed
                                   for non-prosecution."

                               Today, none appears for the appellants. Accordingly,
               Patna High Court L.P.A No.911 of 2018(7) dt.17-11-2022
                                           2/2




           the present L.P.A. stands dismissed for non-prosecution.



                                    (P. B. Bajanthri, J)


                                    (Purnendu Singh, J)
Vikash/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.