In a writ petition challenging an ex-parte dismissal order, the court attributed no fault to the tribunal for the ex-parte proceedings but noted the appeal's underlying premise that Rule 1 should be made absolute. No direction was granted for making the rule absolute.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1036 OF 2009
Mohanlal Lokumal Punjabi & Anr. ...Petitioners. v. The Union of India & Ors. ...Respondents.
Mr.V.R.Nankani with Mr.Kokhawale i/by M/s.Nankani & Associates , advs. For the Petitioners.
Mr. P.S.Jetly with Mr.M.S.Bhardwaj and Mr.P.Khosla , advs. For the Respondents.
CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 25TH JUNE, 2009
P.C.
1 Rule. Heard forthwith.
dismissed ex-parte. It appears that by order dated 17th December, 2008,
petitioners were directed to deposit entire amount of penalty. By order dated 31st March, 2009, the order was varied by adjusting the amount already adjusted against the amount of penalty.
3 In our opinion, the Tribunal really cannot be faulted for having proceeded ex-parte in absence of lawyer who has filed his vakalatnama. However, considering the facts and circumstances in order
to enable the petitioner to prosecute the appeal, we propose to pass the
following order.
i Petitioner No.1 to deposit a sum of Rs.3.50 lacs within 4
weeks from today.
ii Petitioner No.2 to deposit a sum of Rs.50,000/- within four
weeks from today.
iii On such deposit, the appeal to be heard on merits. On failure to deposit, the appeal to stand dismissed for non-prosecution. We make it clear that these are amounts apart from the amounts already adjusted.
4 Rule made absolute accordingly. No order as to costs.
(J.H. BHATIA,J.) (F.I. REBELLO,J.)
1 issue framed by the court
Whether the tribunal can be faulted for proceeding ex-parte in absence of a lawyer who filed a vakalatnama, and what direction should be passed to enable the petitioner to prosecute the appeal.
Mohanlal Lokumal Punjabi
The Union of India
F.I. Rebello
J.H. Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
