Navkaar India Export and 5 Ors. v. State Bank of India and 2 Ors.
Case brief
What is this about?
The appellant counsel noted deficiencies in the plaint and argued that no pre-deposit is required for an appeal against an interim order, reserving argument for admission.
What the court decided
A compact analysis
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Appeal Dy. No. 243 of 2022
(Navkaar India Export Vs. State Bank of India)
Date: 01.06.2022
Shri Sahil Srivastava, Ld. Counsel for the appellant is present.
Ld. Counsel provides Pin Code numbers, details of fee in para 10 of the plaint. Seal of Firm has also been affixed.
Ld. Counsel states that downloaded copy of the impugned order is filed with the Appeal and has filed and I.A. 105/2022 for seeking permission to file certified copy of the order in due course.
No pre deposit has been made.
Ld. Counsel has filed today a Waiver Application (I.A. 106/2022). It has been stated in the Waiver Application that the present Appeal is filed against interim order, therefore no pre-deposit has to be submitted. The undersigned is not agreed with this as the interim order is passed in the S.A. Ld. Counsel states that he will argue this point before Hon’ble Court.
The instant Appeal has been filed against interim order dated 26.05.2022 of DRT, Allahabad In S.A. No. 518/2019. Urgency Application, Waiver Application, Exemption (from filing certified copy) Application and Stay Application have also been filed .
List this case before Hon’ble Chairperson on 03.06.2022 for admission.
Issues for consideration
2 issues framed by the court
Whether pre-deposit is required when appeal is filed against interim order
Whether waiver application is necessary before admission
Parties & counsel
- appellant
Navkaar India Export
- respondent
State Bank of India
Case details
As recorded by the court registry
All orders in this case
12 orders share this CNR
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