Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA 150/2024
Shashi Adlakha Vs. HDFC Bank Ltd.
08.11.2024
Present: Ms. Nitika Tanwar, Ld. Proxy Counsel for Sh.
Ashok Tobaria, Main Counsel for the appellant.
Sh. Avnish Tyagi and Ms. Debolina Benerjee, Ld.
Counsels for the respondent.
TCR is received.
In accordance with the previous order, amended
memo of party is filed. Same is taken on record. The title of the
present case be accordingly altered.
Ld. Counsel for the respondent submits that the
present appeal is not maintainable as it has been filed by the
husband of the appellant without any authority. Therefore, he
does not have any
locus standi to file the present appeal. He
further submits that he does not want to file any formal reply to
the application under Section 5 Limitation Act, 1963 and to the
present appeal. He is prepared to directly address arguments on
the same.
TCR reflects that the appellant was sentenced to
undergo simple imprisonment for a period of 03 months and
further directed to pay a fine of Rs.9,78,000/- within a period of
30 days to the complainant/respondent and in default of payment
of the said fine, she was directed to undergo simpler
imprisonment for a period of 03 months. She did not move any
application under Section 389(1) CrPC for suspension of
sentence and she was taken into custody on the said date. She is
in custody since then. Thereafter, more than 03 months of
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substantive sentence have passed and even 03 months of default
sentence have lapsed. Therefore, the factual position is that the
appellant has already served the entire substantive sentence and
even the default sentence in that regard.
Ld. Counsel for the respondent submits that the
liability of the appellant to pay the fine amount is still
outstanding.
At this stage, Ld. Proxy Counsel for the appellant
has sought an adjournment on the ground of non-availability of
the main counsel.
Accordingly, matter stands adjourned for addressing
arguments on the maintainability of the present appeal for the
lack of
locus standi of Sh. Krishan Lal Adlakha to file the present
appeal on behalf of the convict Shashi Adlakha on 15.01.2025.
(Dheeraj Mor)
ASJ-06/NDD/PHC
New Delhi:08.11.2024
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