Smt. Shalini Jairam Naik through Her Constituted Attorney Shivram Jairam Naik v. Shri Vishram Shiva Naik
Recall of conditional order – advocate's default – litigant not to suffer for advocate's default
Case brief
What is this about?
Bombay High Court, Gauri Godse J, 15-01-2025 — IA 12865/2024 in CA 13/2024 in Second Appeal 479/2014 (Shalini Jairam Naik v. Vishram Shiva Naik). Recall of conditional order dated 03-05-2024 and restoration of civil application dismissed for non-supply of copies; underlying second appeal dismissed in default on 02-07-2018. Key principle: supplying copies and issuing notices is the advocate's responsibility; litigants should not suffer for advocate's default. Application allowed in terms of prayer clause (a) subject to Rs. 25,000/- costs on appellant's advocate payable within two weeks (Advocate Association of Western India Generation Next account); prayer clause (b) rejected at this stage pending hearing of CA 13/2024; two-week compliance deadline for supply of copies, failing which automatic dismissal without further reference; relisting on 12-02-2025.
What did the court decide?
Interim Application No. 12865 of 2024 allowed in terms of prayer clause (a) — recall of the conditional order dated 3rd May 2024 and restoration of Civil Application No. 13 of 2024 — subject to the learned Advocate for the appellant paying costs of Rs. 25,000/- within two weeks to the account of Advocate Association of Western India Generation Next (Bank of India, Mumbai Main). Prayer clause (b) was rejected at this stage and deferred for consideration when Civil Application No. 13 of 2024 is heard. The Advocate was directed to supply copies as directed by the order dated 3rd May 2024 within two weeks, failing which the application stands dismissed without further reference; upon compliance within time, Civil Application No. 13 of 2024 was to be listed for orders on 12th February 2025.