LAWS(MPH)-1992-7-58

OM PRAKASH Vs. DEWAS-SHAJAPUR KSHETRIYA GRAMIN BANK

Decided On July 27, 1992
OM PRAKASH Appellant
V/S
Dewas -Shajapur Kshetriya Gramin Bank Respondents

JUDGEMENT

(1.) DURING the hearing of this petition we found that the appellate order dated 22.10.90 is a non -speaking order which does not disclose the material on record or the arguments advanced on either side. It is settled law that an appellate order has to be a speaking order and if the appellate authority does not pass a speaking order, the case has to be remanded to it for reconsideration of the appeal and for passing an appropriate order.

(2.) WE , therefore, do not go into the merits of the case and direct the appellate authority to re -hear the matter and decide it within two months from today. This petition is, therefore, allowed partly. The order dated 22.10.90 passed by the Board of Directors of Dewas -Shajapur Kshetriya -gramin Bank, is quashed. The Board of directors shall consider and decide the appeal by a speaking order within two months from today. The petitioner to present himself before the Chairman of the respondent Bank on 10.8.92.