M/S Cherubic Constech Pvt Ltd v. Union Bank Of India

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 582/2018, CM No. 42597/2018 M/S CHERUBIC CONSTECH PVT LTD ..... Appellant Through:

Mr. Saran Suri, Adv. with Mr. Shobhit Sharma, Adv.

versus UNION BANK OF INDIA ..... Respondent Through:

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 12.10.2018 CM No. 42597/2018 Exemption allowed subject to all just exceptions. Application stands disposed of.

LPA 582/2018 Having heard the learned counsel for the parties, we are of the considered view that in view of the disputed question of fact, no indulgence in this appeal is called for.

However, appellant is at liberty to take recourse to such remedy as may be permissible under law and if such recourse is resorted to, no

observations by us in this order or by the learned Writ Court in the impugned order dated 08th August, 2018 shall come in the way of the appellant in prosecuting the alternate remedy. This order would only be construed for the purpose of exercising our extraordinary jurisdiction under Article 226 of the Constitution and nothing more. The appeal is accordingly dismissed.

CHIEF JUSTICE V. KAMESWAR RAO, J 12, 2018/ak