Appeal against an interim order was allowed without merits. The Tribunal was directed to dispose of the substantive appeal within two months. Status quo directed on the property.
Condonation of delay allowed; appeal disposed; Tribunal to decide substantive appeal within two months; status quo on property directed.
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Appeal Dy. No. 200/2022 Date: 20.02.2023
Mr. Sachin Choudhary & Anr. Vs. Cholamandalam Investment and Finance Company Ltd. & Anr.
Present: Shri S. C. Pandey, counsel for the appellants, Shri V. K. Shukla, counsel for the respondents,
Heard the learned counsels for the parties on the I.A. No. 136/2022 being delay condonation application.
Learned counsel for the appellant submits that there is no delay in filing the present appeal, as the matter is squarely covered by a judgment dated 10.01.2022 passed by the Hon’ble Apex Court in Suo-Moto writ petition (C) No. 3 of 2020, therefore, it is prayed that the delay, if any, may be condoned.
Learned counsel for the respondents has no objection to the prayer of the counsel for the appellant, but the learned counsel submits that the present appeal has been filed against an interim order, therefore, the appeal may be disposed off with direction to the Tribunal below for deciding the S.A. within the time as stipulated by this Hon’ble Tribunal.
Learned counsel for the appellant agrees to the submission of the learned counsel for the respondent, but he prays that till the disposal of the S.A., the interim protection may be granted to the appellant.
In view of the submissions made by the learned counsels for the parties, the application for condonation of delay is allowed and the delay occurred in filing the present appeal is condoned. As prayed, the present appeal stands disposed off with direction upon the Tribunal below to decide the S.A. No. 531/2021 most expeditiously preferably within two months
from the date of production of certified copy of this order. All the parties are directed to maintain the status quo with regard to the property in question as it exists today till the disposal of the S.A. or till the aforementioned period as directed above, whichever is earlier.
Justice R. D. Khare Chairperson
VN Giri
2 issues framed by the court
Whether the delay in filing appeal under S.A. no. 531/2021 is condonable.
Whether an interim order can be the subject matter of an appeal being disposed of by a direction to the Tribunal.
Mr. Sachin Choudhary & Anr.
Cholamandalam Investment and Finance Company Ltd. & Anr.
R. D. Khare
VN Giri
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
