- (1.) The respondent No. 1 before us filed a writ petition, being W.P. No. 318 of 2000, which was initially taken up on 31st January, 2000, when certain directions were given by the learned Single Judge to the appellant Bank in the presence of its learned Advocate-on-Record. Thereafter, directions were also given for filing of affidavits on 9th March, 2000. As will appear from the materials on record, the Advocate-on-Record for the bank forwarded to the Advocate-on-Record for the writ petitioners-respondents an advance copy of the bank's affidavit-in-opposition on 24th March, 2000, but the said affidavit-in-opposition does not appear to have been filed in Court.
(2.) The writ petition appeared after an interval of almost 4 years in the warning list of the learned Single Judge on 11th March, 2004, as well as on 12th March, 2004, when the same does not appear to have been called on for hearing. On 15th March, 2004, when the matter was ultimately taken up, no one appeared on behalf of the appellant-Bank and the hearing of the writ petition was adjourned till 17th March, 2004, with a direction upon the Advocate-on-Record of the writ petitioners to inform the Advocate-on-Record of the appellant-bank that the matter was appearing in the list and would be taken up on 17th March, 2004.
(3.) As will appear from the affidavit-of-service filed before the learned single Judge, the learned Advocate-on-Record of the appellant Bank did not accept the notice on the ground that he had no further instructions to appear for the bank. The learned Advocate requested the writ petitioners-respondents to serve notice on the Bank directly. On the same day, that is, 15th March, 2004, a notice was sent by the learned Advocate-on-Record of the writ petitioners to the Bank and the said notice appears to have been received by the appellant Bank. However, on 17th March, 2004, still no one appeared on behalf of the appellant Bank and the hearing of the writ petition was concluded by the learned single Judge who reserved judgment and ultimately delivered judgment on 26th March, 2004, allowing the writ petition with certain directions to the appellant-Bank.;