PUNJAB NATIONAL BANK Vs. AKHILESH KUMAR SINHA

JUDGEMENT

(1.) The appeal filed by the petitioner Chief Manager, Punjab National Bank, Kankarbagh, Patna was dismissed in default on 14.03.2014. Prior to that the appellant did not appear on 05.12.2013. However, the learned Counsel for the Complainant/respondent Sh. Akhilesh Kumar Sinha undertook to inform the petitioner/appellant about the next date. On the next date, both the advocates appeared but the appellant again defaulted and did not appear on 14.03.2014.

(2.) Thereafter, without any legal remedy available under the Consumer Protection Act, the Bank moved an application for restoration before the State Commission. The same was dismissed by the order dated 14.12.2014 in view of the Apex Court's order in the case of "Rajeev Hitendra Pathak & Ors. Vs. Achyut Kashinath Karekar & Anr., 2011 9 SCC 541]" , dated 19.08.2011and Lucknow Development Authority Vs. Shyam Kapoor, 2013 2 SCC 754.

(3.) Consequently, after the delay of 387 days, this Revision Petition was filed. Petitioner has moved an application for condonation of delay and delay has been explained in para No. 5 of the application for condonation of delay, which runs as follows:-