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Showing posts with label maintainability. Show all posts
Showing posts with label maintainability. Show all posts

Wednesday, 28 July 2021

HIGH COURT OF CHHATTISGARH - No appeal will be maintainable against an interim order before the Division Bench

In the Matter of Amrit Homes Private Limited vs M/S Las Vista Residents Welfare  WA No.470 of 2019 at HIGH COURT OF CHHATTISGARH, BILASPUR held that appeal is maintainable only as provided under the statue; particularly Section 2 of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006. Section 2(1) carries a 'proviso' as well, which clearly says that no appeal will be maintainable against an interim order. This scope of the said proviso has been explained by a Full Bench of this Court as per the judgment date 25/01/2017 passed in WA No.255/2016, which says that only, if the issue has been decided creating a finality to the lis, will the appeal be maintainable before the Division Bench.