STATE BANK OF INDIA Vs. KAMAL KISHORE SINGH

JUDGEMENT

(1.) The present Letters Patent Appeal is directed against the order dtd. 15/3/2024 passed by learned Single Bench of this Court in C.M.P No. 65 of 2021 whereby the said C.M.P. has been dismissed by rejecting the prayer of the petitioner/appellant for restoration of First Appeal No. 121 of 2018 to its original file.

(2.) The office has raised objection with respect to the maintainability of the present appeal by referring to the order dtd. 23/11/2010 passed in L.P.A No. 57 of 2009 wherein a co-ordinate Bench of this Court, by referring to Sec. 100-A of CPC, has held that Letters Patent Appeal cannot be entertained if the Single Judge of this court has already exercised his jurisdiction by passing an order.

(3.) The notices were earlier issued to the respondents in pursuance of which few of them have appeared in this case also raising the issue of maintainability of the present appeal.