The High Court at Bombay dismissed an appeal for want of prosecution. The appellant's counsel requested an adjournment, which was refused. Counsel for the appellant then failed to appear or argue, leading to dismissal.
Respondents entitled to withdraw the amount deposited by the appellants before this Court.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO. 1070 OF 2005
IN
L.A.R. NO. 7 OF 1994
Divisional Controller, Palghar Division] .. Appellants
M.S.R.T.C. ](Ori.Acq.Body)
Versus
1. Jaganath Anandrao Patil & Anr. ] .. Respondents
(Ori.Claimants)
Mr. C.M. Lokesh i/b M/s. G.S. Hegde & Associates for
the appellants.
Mr. C.M. Korde, senior counsel with Mr. Milind Jadhav
i/b Pravin Mehta & Mithi & Co. for the original
claimants.
CORAM: R.M. LODHA, &
S.A. BOBDE, JJ.
DATED: 14TH DECEMBER, 2006
P.C. :
. Mr. C.M. Lokesh, the Advocate for the
appellants submits that Mr. G.S. Hegde, Advocate is to
argue the matter and since he is held up in some other
Court, he prays for adjournment.
2. We find no justifiable reason to adjourn the
matter. We asked Mr. C.M. Lokesh, Advocate, to
proceed with the arguments. He did not do so. In the
: 2 :
circumstances, we are constrained to dismiss the Appeal
for want of prosecution.
3. Appeal is dismissed accordingly.
4. Upon dismissal of the Appeal, the claimants
shall be entitled to withdraw the amount deposited by
the appellants before this Court.
Sd/-
[R.M. LODHA, J.]
Sd/-
[S.A. BOBDE, J.]
1 issue framed by the court
Whether the appeal should be dismissed for want of prosecution due to failure of the appellant's counsel to argue after adjournment was refused?
Divisional Controller, Palghar Division & M.S.R.T.C.
Jaganath Anandrao Patil & Anr.
R.M. LODHA
S.A. BOBDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court