The single-judge bench dismissed a writ petition filed for quashing proceedings under the Negotiable Instruments Act. The court noted that the parties had amicably settled their claims and held that continued adjournments served no useful purpose.
Petition dismissed; interim orders, if any, vacated forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.18 OF 2002
Kinetic Communications Ltd. .. Petitioner
Versus
M/s.Tandon Computers (India)
Pvt.Ltd. .. Respondent
Mr.Sachin Chavan for petitioner
Mr.P.Rajput for respondent No.2 to 5
CORAM : S.C.DHARMADHIKARI, J.
DATE : 8th June 2007.
P.C.
. On 13th April 2007 as and by way of last
chance the matter was adjourned to 27th April
2007.
2. Now the matter has been called out for
hearing and final disposal. However, both sides
2
informed me that the matter arises out of
proceedings under section 138 of Negotiable
Instruments Act and parties have settled the
claims inter se. In fact, petitioner was to take
instructions and withdraw the petition. Once
again adjournment is sought on the ground that
the petitioner’s Advocaete is awaiting
instructions.
3. In my view, sufficient time was available
for petitioner’s Advocate since April 2007 to
take instructions and inform the Court. Since,
none dispute that the parties have amicably
settled their claims inter se, no useful purpose
will be served by keeping the petition pending.
Rule is discharged. Petition is dismissed.
Interim orders, if any, to stand vacated
forthwith.
3
(S.C.Dharmadhikari, J)
2 issues framed by the court
Whether a writ petition regarding a cheque-dishonour case should be dismissed when the parties have settled the dispute.
Whether further adjournment should be granted pending instructions from the petitioner.
1 provisions across 1 enactments
Kinetic Communications Ltd.
M/s.Tandon Computers (India) Pvt.Ltd.
S.C. DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court