DILIP HARINARAYAN NIGAM Vs. PRAKASH B BENDE

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally by consent of the parties.

(2.) This application raises short point that whether the Court below could have disposed of the appeal filed by the applicant herein for default in depositing the amount relying on the judgment of the Hon'ble Apex Court in the case of Ram Naresh Yadav and others ..vs.. State of Bihar; 1987 AIR(SC) 1500

(3.) Learned counsel for the applicant, in support of his contention, placed reliance on judgment of the Hon'ble Apex Court in Bani Singh and others ..vs.. State of U.P., 1996 AIR(SC) 2439 and more particularly paras 14 and 15 of the said judgment. On the basis of para 14 and 15, learned counsel would submit that it is impermissible to dismiss the appeal for default unless the exercise to dispose of appeal on merits is undertaken.