The Bench found that the appeals were dismissed for non-compliance of a peremptory order. The Bench held that as the amended cause title was not filed, no further listing was necessary and ordered the connected appeals to be deemed dismissed.
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.
HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet
S.A. No.497/2017
Utsav Dey Versus Sanjay Dey (deleted)
SA/632/2018
| 13.10.2023 | Shri ML Sakat and Shri Harsh Wardhan, counsel for the respective |
|---|---|
| Appellants. Shri BD Guru, Advocate along with Shri Anuroop Panda and Shri Arjit Tiwari, PL for the respective Respondents. Shri Guru submits that the matter was listed for orders on default on 12.08.2022 and the co-ordinate Bench had passed a peremptory order while granting time to remove the default. He further submits that though amendment has already been carried out on 22.08.2022, but the amended cause title could not be filed, therefore, the case remained in default and was liable to be dismissed for non-compliance of the peremptory order within the stipulated period. Learned Counsel for both the Appellants do not dispute the above submission and fairly submit that as the compliance of the peremptory order was not done on time, therefore, the matters stood dismissed and they are not required to be listed before the Bench. They further submit that for condonation of non-compliance of the said order as also for restoration of the Appeals, a fresh application was required to be filed. In view of the above submission and also considering the report of the Office and the peremptory order passed on 12.08.2022, it is directed that both the connected Appeals shall be deemed to be dismissed for non-compliance of the peremptory order. Sd/- (Deepak Kumar Tiwari) JUDGE |
Priya
1 issue framed by the court
Whether the appeals be dismissed and restored for non-compliance of the peremptory order by the co-ordinate Bench?
Utsav Dey
Sanjay Dey
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
