STATE OF M.P. Vs. INDUSTRIAL INVESTMENT BANK OF INDIA LTD.

JUDGEMENT

(1.) THE appellant has called into question the judgment delivered by learned DRT on 7th January, 2004. Although, the appeal was preferred on 19th October, 2004, yet the same was put up before the learned Registrar on 18th March, 2005. No order sheet till 18th March, 2005, is available on the record. Private Secretary of this Court is directed to make a preliminary inquiry and fix the responsibility within a period of two months and submit the report. He is further directed to make preliminary inquiries or at least point out such like other cases, which ever come to his notice.

(2.) THERE was a delay of about seven months in filing this appeal. Application for condonation of delay was also moved. The then Chairperson ordered that notices be issued to the respondents vide order dated 5th July, 2005. The appeal was dismissed on 10th November, 2005. Order dated 10th November, 2005 is relevant whereby the appeal was dismissed, the same is reproduced as under:

(3.) COUNSEL for the respondent Bank appeared on 4th August, 2008, but on the next date of hearing i.e. 15th September, 2008 it was clarified that the presence of Counsel for the respondent was wrongly mentioned. Service was already effected for 15th September, 2008, but respondents were absent despite service, therefore, they were ordered to be proceeded against ex parte vide order dated 15th December, 2008.