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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5263 OF 2008 (@SPECIAL LEAVE PETITION (CIVIL)NO.8685 OF 2006)

B.D. LUTHRA                                     Appellant(s)

                     VERSUS

CHAIRMAN & M.D., PNB & ANR.                     Respondent(s)

O R D E R

Leave granted.

2. This appeal has been preferred against the final judgment of the Delhi

High Court of 6th February, 2006.  It was contended that the matter was not

considered on merits by the Division Bench and in our opinion, it requires

consideration on merits.  The matter is remitted to the High Court to be

considered on merits afresh.  

3. The appeal is disposed of accordingly.  No costs.

 ...............CJI.

(K.G. BALAKRISHNAN)

.................J.     (P. SATHASIVAM)

NEW DELHI; 25TH AUGUST, 2008.