2015 (4) TMI 1365 - HC - Money Laundering

Entertaining an appeal against a non-existent order - it is contended that the oral order is as good as effective as written one to prefer appeal - HELD THAT - Unless an order is passed in writing, no appeal could be preferred. Appeal can be filed only with a certified copy or copy of the order. Unless written order exists copy of the same cannot be available. The appeal is a nonest factum. The order of the appellate authority is set aside - the adjudicating authority is directed to decide the application for interim relief made by respondent No.2 within a period of fortnight from the date of communication of this order by passing a speaking written order. Any order passed by the adjudicating authority, the certified copy of the same, if applied for, shall be supplied upon payment of requisite fee to the party concerned. Petition disposed off.

Summary

The High Court of Hyderabad set aside the order of the appellate authority due to lack of a written order for appeal. The court directed the adjudicating authority to decide on the interim relief application within a fortnight by passing a written order. The writ petition was disposed of with no costs awarded.