- (1.) Application for substitution of deceased respondent No.1 is allowed subject to all just exceptions by condoning the delay and setting aside abatement. Application for deletion of the name of proforma respondent Nos. 2 to 4 is allowed at the risk of the appellant - Bank. Office to amend the title accordingly.
(2.) We have heard Shri Rajesh Kumar, learned counsel appearing for the appellant - Bank and Shri Pijush K. Roy, learned counsel appearing for the legal representatives of deceased respondent No.1. We have also had the benefit of the assistance of Dr. A.M. Singhvi and Shri Mukul Rohatgi, learned Senior Counsels who assisted the Court until such time that the learned counsel for the L.Rs. of deceased respondent No.1 became available.
(3.) The matter has been referred to a three judge Bench on a notion that there is a difference of opinion between the two Coordinate Benches (Two Judges Bench) of this Court in the case of Andhra Bank vs . W.T. Seshachalam, 2004 2 SCC 287 and Punjab National Bank & Anr. vs. Bernard Lakra, Civil Appeal No.4386 of 2002 decided on September 18, 2008.;