The Bombay High Court dismissed Suit No. 3038 of 1998 because plaintiffs Shephali and Wipro Finance Ltd. had no Advocate present when the matter was called. The court also vacated any interim relief previously granted in the suit.
The suit is dismissed under Order IX Rule 3 CPC and any earlier interim relief is vacated.
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.
28-S-3038-98.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3038 OF 1998
…Plaintiffs
Wipro Finance Ltd.…Plaintiffs
Versus
Chemox Securities Ltd. and others.…Defendants
None for the Plaintiffs.
Mr. Dhaval Mohan, i/b Thakore Jariwala and Associates, for the
Defendants.
CORAM:G.S. PATEL, J
DATED:June 17, 2014
PC:-
1.A notice has been issued on the printed board, as also on the
High Court Website, to the effect that, when a suit listed,
irrespective of the caption under which it appears, if none appears
for the plaintiff/s when the matter is called out, the suit will be
dismissed.
2.The names of the plaintiffs and their Advocates are correctly
shown. None appears when the matter is called out. The suit is
dismissed under Order IX Rule 3 of the Code of Civil Procedure,
1 of 2
28-S-3038-98.DOC
1908. Interim / ad-interim relief, if any, granted earlier in any
interlocutory proceedings in this suit, shall stand vacated forthwith.
(G. S. PATEL, J.)
2 of 2
3 issues framed by the court
Whether the suit should be dismissed because no advocate appeared for the plaintiffs when the matter was called on.
Whether any interim relief granted earlier in the suit should be vacated upon dismissal.
Whether a suit can be dismissed summarily when neither the plaintiffs nor their counsel appear.
1 provisions across 1 enactments
Shephali
Wipro Finance Ltd.
Chemox Securities Ltd.
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court