LOVELEENA (INDIA) AND ORS. Vs. SYNDICATE BANK

JUDGEMENT

(1.) C.M. Appl. Nos. 16068/2008 (delay in re -filing the appeal) & 17015/2008 (delay in filing the appeal) in RSA 234/2008

(2.) RESPONDENT Syndicate Bank filed a suit for recovery of Rs. 2,20,173.98p. against the appellants, M/s. Lovleena (India) and its partners. Appellants duly contested the suit. Trial Court vide its judgment and decree dated 5.8.2005 decreed the suit of the Respondent Bank with simple interest @ 7% per annum from the date of filing of suit till realisation of the suit amount. The said judgment and decree of the Trial Court was challenged by the appellants in appeal. Appellate Court while concurring with the findings of the Trial Court dismissed the appeal vide its impugned judgment and decree dated 09.03.2007. Aggrieved by the said judgment and decree of courts below, the present appeal has been filed.

(3.) THE case of the appellants is that Mr. Rishi Manchanda Advocate appointed by the appellants had filed the appeal on 30.05.2007 and again it was filed on 10.09.2007, 27.09.2007, 25.10.2007, 20.11.2007, 15.12.2007 and 1.07.2008. Appellants were directly in touch with Mr. Rishi Manchanda and were informed that he had filed the appeal and the appellants would be informed when the case would be listed for hearing. Mr. Manchanda was also conducting the case of Mr. J.C. Popli, husband of appellant No. 3. Some misunderstanding developed between Mr. Rishi Manchanda and Mr. J.C. Popli and thereafter Mr. J.C. Popli filed a complaint against Mr. Manchanda and Mr. S.S. Shastri, who was also engaged to argue the matter filed by Mr. J.C. Popli on 29.05.2008. Despite this, appellants regularly remained in touch with Mr. Manchanda and they were always assured that the appeal was under process and would be re -filed after removing objections. The appeal was again refiled on 01.07.2008.