KAILASH NATH GUPTA Vs. ENQUIRY OFFICER ALLAHABAD BANK

JUDGEMENT

(1.) Shri S.K. Kakkar, advocate informs that this writ petition was decided in the past by this Court, Respondents have taken away file from him and at present he has no instruction in the matter.

(2.) The record shows that the matter went to the Supreme Court against the High Court judgment and order dated May 1, 1996. The Bank contested the matter in Supreme Court. It had a review petition wherein Apex Court passed order dated March 27, 2003, the relevant extract is reproduced: "...... The High Court is requested to dispose of the matter within six months from the date of receipt of this order ........" We do not appreciate the conduct of the Respondent Bank.

(3.) It was incumbent upon the Respondent Bank to have instructed Sri R.K. Kakkar, advocate or engaged another counsel (if so advised) immediately on the rendering of the aforesaid judgment and order dated March 27, 2003, if they were serious to contest the matter. The Bank has done nothing of the kind. Such practice is not uncommon, when a party is to gain by ensuring to delay the hearing of the case. It may be one of that kind of case.