11 February 2011
Supreme Court
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JASWINDER SINGH SOHAL Vs INDIAN BANK

Bench: DALVEER BHANDARI,DEEPAK VERMA, , ,
Case number: C.A. No.-001642-001642 / 2011
Diary number: 12745 / 2009
Advocates: Vs HIMANSHU MUNSHI


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IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL  APPEAL NO. 1642   OF  2011

(Arising out of SLP(C) No.24595/2009)

JASVINDER SINGH SOHAL                      Appellant(s)

                     :VERSUS:

INDIAN BANK AND ANR.                       Respondent(s)

O R D E R

Leave granted.

We have heard the learned counsel for the parties.

This appeal emanates from the judgment and order  

dated 18.12.2008 passed by the High Court of Judicature  

at Bombay in Writ Petition No.5627/2008.

The appellant was directed to deposit Rs.80 lakhs  

as a condition for getting his appeal heard by the Debts  

Recovery Appellate Tribunal, Bombay. The Appellant could  

not deposit the said amount within the stipulated period,  

hence his appeal stood dismissed.   

It is not disputed that the entire amount of Rs.80  

lakhs has now been deposited by the appellant. In the  

facts  and  circumstances  of  this  case,  the  delay  in  

depositing the said amount is condoned.

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In the facts of this case, we deem it appropriate  

to direct that the appeal, which was dismissed in default  

for not depositing the amount in time, shall be restored  

to its original number and be heard expeditiously by the  

Tribunal.  

This   appeal  is  disposed  of  with  these  

observations.  

.....................J (DALVEER BHANDARI)

.....................J (DEEPAK VERMA)

New Delhi; February 11, 2011.