M/S Agarwal Enterprises v. Bank of India and 2 Ors.
Case brief
What is this about?
The court rejected I.A. No. 163/2022 by M/s Agarwal Enterprises, holding it misconceived as the appeal is barred by limitation, a waiver application is pending, and no stay application exists on record. The matter is listed for future hearing.
What did the court decide?
I.A. No. 163/2022 rejected; case listed for hearing.
What the court decided
I.A. No. 163/2022 & I.A. No. 94/2021 In Appeal Dy. No. 87/2020
Date: 19.07.2022
M/s Agarwal Enterprises Vs. Bank of India and Ors.
Present: Shri S. K. Pandey, counsel for the applicant, None for the respondents,
Heard the learned counsel for the applicant.
The present I.A. No. 163/2022 has been filed with a prayer to expedite the hearing on the stay application in the present case. The record shows that the appeal has been filed beyond the period of limitation and waiver application is also pending consideration and also there is no stay application on record. Accordingly, the I.A. No. 163/2022 is misconceived, hence the same is rejected.
List this case on 12.09.2022.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
2 issues framed by the court
Whether I.A. No. 163/2022 seeking expedited hearing should be allowed absent a listed stay application.
Whether the limitation period bar and pending waiver application preclude the applicant's prayer.
Parties & counsel
- applicant
M/s Agarwal Enterprises
- respondent
Bank of India And Ors
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
10 orders share this CNR
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