The Bombay High Court rejected a motion seeking restoration of a dismissed appeal, finding no merit in the appellant's excuse of advocate unavailability due to prior engagements in another court.
Motion for restoration of the appeal dismissed with costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURIDICTION
NOTICE OF MOTION NO. 3302 OF 2009
IN APPEAL NO. 422 OF 2004 IN
NOTICE OF MOTION NO. 2135 OF 2002 IN SUIT NO. 2538 OF 2002
Eastman Cast & Forge Ltd V/S.
M/s. Taparia Tools Ltd
......Appellant
........Respondent
Mr.Raffeque with Mr.Santosh Kumar Mishra and K.G.Singhania i/by.Singhania & Co.,adv. for appellant.
Mr.Salil Shah with Ms.Kanchan Shivkar i/by.Gajaria & Co.,adv.for respondent.
CORAM : J.N.PATEL, &
: SMT.R.P.SONDURBALDOTA, JJ.
DATED : 22ND SEPTEMBER 2009.
P.C. :
which was dismissed on 31st August, 2009 is that due to prior engagement in
the other court, the Advocate for the appellant on record and their clerk were
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held up in another court room and were engaged in the hearing of another matter. Apart from the fact that this is no ground for restoration of the appeal,
no particulars have been given in respect of the prior engagement in other court. Therefore, we find that no case is made out for restoration of the appeal.
accept the ground made out in the motion and dismiss the same with costs.
1 issue framed by the court
Whether the lack of appearance due to prior engagement in another court constitutes sufficient ground for the restoration of a dismissed appeal.
Eastman Cast & Forge Ltd
M/s. Taparia Tools Ltd
J.N.PATEL
R.P.SONDURBALDOTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
