Idbi Bank Ltd. vs Power Finance Coporation Ltd. And Ors. on 12 May, 2023
45. Learned senior counsel for the petitioner has relied upon the
case of Ganga Retreat & Towers Ltd. & Anr. v. State of Rajasthan &
Ors (supra) to argue that given the belated stage of the present
petition, the matter ought to be decided on merits. Firstly, in the
present case, it must be considered that the parties herein are
financially sound having adequate resources. There was nothing,
therefore, that prevented the parties from approaching appropriate
forums and agitating their disputes. Secondly, the case concerned does
not act as an authoritative binding precedent which rules that the High
Court must, in cases where a delay has been caused, entertain a
petition under Article 226 of the Constitution of India.