UCO BANK Vs. UNION OF INDIA

JUDGEMENT

(1.) THE delay in filing the appeal is condoned.

(2.) MERELY because a provision of a letters patent appeal exists in the charter of the Patna High Court is no reason that this provision will be available to the State or such bodies which partake the nature of the State to create another litigation. The court has reservation whether the provision of the letters patent appeal was utilized by the Crown to create a litigation. The State today is in no different position.

(3.) MERELY because the Bank, a Public Sector Bank, has the resources to chase a litigation, it does not mean that all avenues of litigations are available as of right.