The Bombay High Court dismissed a company petition for want of prosecution after the petitioner's counsel failed to appear despite court notices following a discharge attempt.
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.
7.cp.182.2015.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY PETITION NO. 182 OF 2015
Mr Devadasan Andipat ...Petitioner vs M/s Birla Infrastructure Ltd. ...Respondent
None for the Petitioner Mr Dinesh Kumar Dubey for the Respondent
CORAM : B. P. COLABAWALLA J.
AUGUST 01, 2016
P.C. :
On 14 June, 2016, this Court was informed that the
Advocates for the Petitioner are in the process of taking discharge, in
view of the fact that they are not receiving any instructions from the Petitioner.
2 In this view of the matter, the office was directed to issue
a notice to the Petitioner informing him that this Petition would come up for admission on 4 July, 2016, and he should appear either in person or through advocates. Thereafter, on 19 July, 2016, this Court passed further order recording that the notice had been duly served on the Petitioner as evidenced by the service report dated 11
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7.cp.182.2015.doc
July, 2016. Despite the said service, none appeared on behalf of the Petitioner on the said date, therefore, the matter was directed to be placed on 25 July, 2016 for dismissal. As this Court was not available on 25 July, 2016, the matter has been placed on board today for dismissal. Even today none appears on behalf of the Petitioner.
3 In this view of the matter, the Company Petition is dismissed for want of prosecution. No order as to costs.
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Mr Devadasan Andipat
M/s Birla Infrastructure Ltd.
B. P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
