LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

J.Somasekara (MANAGER)     27 March 2012

Time limit for appeal in sc

Some of us, nationalised bank retirees  had filed WP in KHC against 6 Banks for misinterpretation of Pension agreement, and withholding pension  arrears due to us. On 21.04.2011 Hon single bench judge decreed that arrears should be paid. Agrrieved by this 6 banks filed appeal before Division bench of High court of Karnataka.

However on 08.03.2012. Hon Chief Justice of Karnataka High court and Hon judge Smy.B.V.Nagarathna not only dismissed their appeals but passed severe strictures against these banks for filing appeals without any merit.

My Query is iwhether these banks need to get certificate from HC for filing SLP in SC ?. If so what is the time limit permitted for filing SLP?

HC has pssed severe structures against these banks for filing appeals without any merit. Whether such strictures haveany impact  on SC while deciding acceptance or otherwise of SLP ?

 



 1 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     27 March 2012

Dear Querist,

 

Please note that if Banks choose to file SLP, they have 90 days period of limitation as against Order dated 08.03.2012 passed by Hon'ble DB of KHC.

 

As regards severe strictures passed against the banks for filing appeals without any merit, that may certainly have some impact in the SLP which in likelihood may go against the banks. However, that would depend on facts f the case which is not placed before us. 

 

You may file Caveat in SC so that you can be represented while admission hearing and put forth your points to avoid any possible STAY of the impugned Order in the matter, in the event the Hon'ble SC thinks it fit to do so.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register