PREM CHANDRA AGARWAL & ANR. versus U.P. FINANCIAL CORPN. & ORS.

The appeal against the interim order is infructuous since the final order of the High Court has been passed, and all interim orders merge into and cease to exist with the final order.

Parties: Appellant: Prem Chandra Agarwal; Respondent: U.P. Financial Corpn.
Jurisdiction: India
Judgment Date: 23 April 2009
Procedural Posture: Civil Appeal / Interim Order
Outcome: Appeal dismissed as infructuous
Legal Topics: Merger of Interim Orders, Infructuous Appeal

Civil Procedure Merger of Interim Orders Infructuous Appeal

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 1 Authorities cited 1 Party arguments 1

Parties

Prem Chandra Agarwal

Appellant

U.P. Financial Corpn.

Respondent

Procedural Posture

Civil Appeal / Interim Order

Legal Issues

1 Whether an appeal challenging an interim order is maintainable after the final order is passed by the High Court

Ratio Decidendi

The appeal against the interim order is infructuous since the final order of the High Court has been passed, and all interim orders merge into and cease to exist with the final order.

Court Disposition

Appeal dismissed as infructuous

Orders

In view of the final order passed by the High Court, the interim order under appeal and any direction therein have ceased to exist.
Appeal is accordingly dismissed.