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2017 Supreme(Pat) 52

HEMANT GUPTA, SUDHIR SINGH
State Bank of India – Appellant
Versus
Rajesh Khetan, Son of Shri Gopal Khetan – Respondent


Advocates Appeared:
For the Appellants :Mr. Kaushlendra Kumar Sinha, Advocate, Mr. Sunil Kumar Singh, Advocate
For the Respondent:Mr. Gautam Kumar Kejriwal, Advocate, Mr. P.K. Verma, AAG-3, Mr. Dr. Mankeshwar Tiwari, A.C. to AAG-3

JUDGMENT :

Hemant Gupta, J.

Re.:I.A. No. 8702 of 2016

The application is for condonation of delay of 8 days in filing the Letters Patent Appeal.

2. For the reasons mentioned in the Interlocutory Application, we are satisfied that the appellants have shown sufficient cause to seek condonation of delay of 8 days in filing the present Letters Patent Appeal.

3. Consequently, Interlocutory Application No. 8702 of 2016 is allowed and delay of 8 days in filing the Letters Patent Appeal is condoned.

Re.: L.P.A. No. 2013 of 2016

The present Letters Patent Appeal is directed against an order passed by the learned Single Bench of this Court on 31st of August, 2016 in C.W.J.C. No. 12826 of 2016 whereby, the writ application filed by Respondent No. 1 (hereinafter after referred to as “the writ applicant”) was allowed and the action of the Bank, the appellants herein, for dispossessing the writ applicant from the premises in question was held to be contrary to law and the appellant Bank was directed to restore the physical possession of the premises in question to the writ applicant.

2. The writ applicant claims to be tenant under Respondent No. 5 herein, the borrower Company, vide Rent Agreement dated



































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