Case Note & Summary
The case involved an appeal by the State Bank of Bikaner & Jaipur against M/s. Modern Syntax (India) Ltd. The appeal was registered as Civil Appeal No. 6759 of 2001. During the proceedings, the counsel for the appellant informed the court that the appeal had become infructuous due to a consent decree that had been passed. As a result, the appellant did not wish to continue with the appeal. The court acknowledged this submission and dismissed the appeal for non-prosecution. Additionally, the court vacated any interim orders that may have been in place and stated that there would be no order as to costs. The decision reflected the court's position that once a consent decree is in place, the appeal cannot be pursued further.
Headnote
A) Civil Procedure - Dismissal for Non-Prosecution - Appeal Dismissed - Civil Appeal No. 6759 of 2001 - The appellant's counsel indicated that the appeal became infructuous due to a consent decree, leading to the dismissal of the appeal for non-prosecution. The court vacated any interim orders and made no order as to costs. Held that the appeal could not proceed further (Paras Not mentioned).
Issue of Consideration
Whether the appeal should proceed given the consent decree.
Final Decision
The Supreme Court dismissed the appeal for non-prosecution and vacated any interim orders, with no order as to costs.
Law Points
- Dismissal for non-prosecution
- consent decree
- infructuous appeal
