Mr. Shah, learned advocate for the petitioner submitted that the petitioner is ready and willing to deposit a sum of Rs.5 lacs with the learned tribunal and also to pay a sum of Rs.3 lacs, so as to support and justify the request and the relief that the petitioner may be permitted to prosecute and justify the application No. 73 of 2005.
In view of the said submission and statement by learned advocate for the petitioner, coupled with the fact that Mr. Upadhyay, learned advocate for the guarantor has no objection if the request Page 1 C/SCA/11433/2014 ORDER by learned advocate for the petitioner is granted, as such appropriate order can be passed and petition can be disposed of.
True it is that the process is served to the respondent bank and on earlier occasion, an officer (Mr. Ganesh S. Patil) had appeared before the Court on behalf of the respondent bank and sought time to engage service of an advocate. However, after 19.9.2014 no one has entered appearance on behalf of the respondent bank.
In this view of the matter, the Court is of the view that appropriate order in light of the above mentioned submission and statement by learned advocate for the petitioner may be passed after giving one opportunity to the respondent bank.
In that view of the matter following order is passed:-
Issue fresh Notice to the respondent bank returnable on 26.6.2015.
Direct service is permitted today.