The Single Judge allowed an exemption subject to exceptions but ultimately dismissed the appeal due to a disputed question of fact, leaving the appellant free to pursue permissible alternate remedies.
Exemption allowed subject to exceptions; appeal dismissed; liberty to pursue alternate remedies.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~3
..... Appellant
Through: Mr. Saran Suri, Adv. with Mr. Shobhit Sharma, Adv.
versus
UNION BANK OF INDIA
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO
CM No. 42597/2018
Exemption allowed subject to all just exceptions.
Application stands disposed of.
LPA 582/2018
Having heard the learned counsel for the parties, we are of the
considered view that in view of the disputed question of fact, no indulgence in this appeal is called for.
However, appellant is at liberty to take recourse to such remedy as
may be permissible under law and if such recourse is resorted to, no
observations by us in this order or by the learned Writ Court in the impugned order dated 08th August, 2018 shall come in the way of the appellant in prosecuting the alternate remedy. This order would only be construed for the purpose of exercising our extraordinary jurisdiction under
Article 226 of the Constitution and nothing more.
The appeal is accordingly dismissed.
CHIEF JUSTICE
V. KAMESWAR RAO, J
12, 2018 /ak
2 issues framed by the court
Whether the appeal should be set aside or allowed given the disputed question of fact.
Whether the appellant can pursue alternate remedies without being barred by this order.
1 provisions across 1 enactments
M/S CHERUBIC CONSTECH PVT LTD
UNION BANK OF INDIA
V. KAMESWAR RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
