The Court dismissed a suit (Suit No. 5362 of 1998) for non-appearance of plaintiffs despite repeated listing and notice via printboard and website. Interim relief, if any, is vacated.
Suit dismissed under Order IX Rule 8 CPC; interim relief 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.
4-S-5362-98.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 5362 OF 1998
Laxmichand D. Shah and others.…Plaintiffs
Versus
Akshar Communications Pvt. Ltd and others.…Defendants
None for the Plaintiffs.
Mr. Benjny Joseph, i/b Bengny Joseph Law Offices, for the
Defendants.
CORAM:G.S. PATEL, J
DATED:June 19, 2014
PC:-
1.The suit was listed last week when, too, none appeared for
the plaintiffs. It was stood over today. Once again none appears for
the plaintiffs.
2.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.
1 of 2
4-S-5362-98.DOC
3.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 8 of the Code of Civil Procedure,
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 due to non-appearance of the plaintiffs.
Whether interim relief granted earlier should be vacated upon dismissal.
Whether a notice was validly issued regarding dismissal for non-appearance.
1 provisions across 1 enactments
Laxmichand D. Shah and others
Akshar Communications Pvt. Ltd and others
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court