Frost Infrastructure and Energy Ltd. v. Union Bank of India
Case brief
What is this about?
Pending hearable appeal declared barred by limitation for lack of condonation application and defective due to absence of pre-deposit. No disposition.
What the court decided
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Appeal Dy. No. 345/2021
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.
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. 53 and 65. Ld Counsel states that she will argue on this point before the Hon’ble Court.
The Appeal has been properly bound and legible pages have also been provided. As regards a few pages which are still illegible, Ld. Counsel undertakes that if desired by court, she will provide typed copy of the same.
No pre-deposit has been made. Ld. Counsel for the Appellant states that the Appellants are not in position to make any deposit and their some properties provisionally attached by Enforcement Directorate. Ld. Counsel states that Waiver Application has been filed along with the Appeal she will argue on this point before the Hon’ble Court.
Hence, the defect regarding pre-deposit still stands.
Parties & counsel
- appellant
Frost Infrastructure and Energy Ltd. and Ors.
- other
Union Bank of India
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