frost infrastructure and energy Ltd. and others v. Union Bank of India

Appeal Dy. No. 06/2021 Date: 10.03.2022

Frost Infrastructure and Energy Ltd. and Ors.

Vs.

Union Bank of India

Mrs. Gunjan Jadwani, Learned Counsel for the Appellant is present.

Learned Counsel for the Appellant has appended seal of the firm on each page of the Appeal.

In regard to defects regarding non- filing of certified copy of the impugned order, learned Counsel states that downloaded copy of the order dated 20.03.2020 of DRT Allahabad in O.A. No. 207/2019 has been filed. Ld. Counsel states that application seeking exemption of filing certified copy of the judgment order dated 20.03.2020 has also been filed. Ld. Counsel also undertakes that if desired by the court, she would file certified copy.

The Appeal is barred by limitation. Application for Condonation of Delay has not been filed. Ld. Counsel states that the limitation is covered by the Hon’ble Supreme Court order dated 23.03.2020 in Suo Moto Writ petition (Civil No. 03/2020), a copy of which is provided at page No. 44 and 45. Ld Counsel states that she will argue on this point before the Hon’ble Court.

As regards the defects that no pre-deposit has been made, Ld. Counsel for the Appellant states that the Appellant has filed Counter Claim bearing M.A. No. 07/2019, in O.A. No. 207/2019. Ld. Counsel states that the Appellant has filed two Appeal in the matter- (i) one is the instant Appeal i.e. Dy. 06/2021 which is against the order passed in respect of the Counter Claim of the Appellant in the O.A. No. 207/2019, and (ii) another is the Appeal Dy No. 345/2021 against the order passed in respect of the O.A. No. 207/2019 .