Om Prakash v. Dewas-Shajapur Kshetriya Gramin Bank
1992-07-27
M.W.DEO, V.S.KOKJE
body1992
DigiLaw.ai
JUDGMENT During the hearing of this petition we found that the appellate order dated 22.10.90 is a non-speaking order which does not disclose the material on record or the arguments advanced on either side. It is settled law that an appellate order has to be a speaking order and if the appellate authority does not pass a speaking order, the case has to be remanded to it for reconsideration of the appeal and for passing an appropriate order. We, therefore, do not go into the merits of the case and direct the appellate authority to re-hear the matter and decide it within two months from today. This petition is, therefore, allowed partly. The order dated 22.10.90 passed by the Board of Directors of Dewas-Shajapur Kshetriya-gramin Bank, is quashed. The Board of directors shall consider and decide the appeal by a speaking order within two months from today. The petitioner to present himself before the Chairman of the respondent Bank on 10.8.92. With these directions the petition is disposed of. There shall be no orders as to costs. The security amount, if any, be refunded to the petitioner after verification.