Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 445 of 2021 Appellant :- Canara Bank And 2 Others Respondent :- Shishu Pal And 20 Others Counsel for Appellant :- Krishna Mohan Asthana,Sr. Advocate Sri Shailendra Counsel for Respondent :- A.S.G.I.,Punit Kumar Upadhyay
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Jayant Banerji,J.
By this appeal a challenge is made to the interim order dated 18th June, 2021.
The appeal was argued on merits to question the validity of the order and while arguing the aforesaid, even issue of maintainability of the writ petition was also raised. Since the matter is pending before the learned Single Judge, counsel for the non-appellants/petitioners suggested for quashing of the order without making a comment on the merit to which the learned counsel for the appellants has agreed too.
In view of the consent of the parties, the order dated 18th June, 2021 is set aside keeping it open for the parties to contest the writ petition on all available grounds and while doing so, it would be open for the appellants to question the maintainability of the writ petition.
With the aforesaid, the order dated 18th June, 2021 is set aside with the consent of the parties. Accordingly, appeal is disposed of.
Order Date :- 30.7.2021 VMA (Jayant Banerji, J.) (Munishwar Nath Bhandari, A.C.J.)