The bench held that once a settlement was minuted and signed, drawing up a formal document was a mere formality and refused adjournment. Consequently, the appeal and application were dismissed as the appellant failed to argue the matter.
Appeal and application dismissed; no adjournment allowed; no costs awarded.
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NATIONAL HIGHWAYS AUTHORITY OF INDIA
..... Appellant
Represented by: Mr.Abu John Mathew, Advocate
versus
ORIENTAL PATHWAYS (INDORE) PVT LIMITED ..... Respondent Represented by: None
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA
%
O R D E R 08.02.2016
CM No.12911/2015
Allowed subject to just exceptions.
FAO(OS) 394/2015 & CM No.12910/2015
up and signed. On November 16, 2015 hearing was deferred once again on the ground that settlement talks were in progress. Today we are informed that settlement has been minuted and the only thing require is to formally draw up the document. In our opinion once a settlement has been minuted and signed by the parties drawing up of a formal document is a mere formality.
PRADEEP NANDRAJOG, J.
MUKTA GUPTA, J.
FEBRUARY 08, 2016 ‘skb’
page 2 of 2
FAO(OS) 394/2015
2 issues framed by the court
Whether the appeal and accompanying application be dismissed given the claim that a settlement had been minuted pending only the formal drafting of an agreement.
Whether further adjournment be granted in light of the counsel's stated inability to argue the appeal.
National Highways Authority of India
Oriental Pathways (Indore) Pvt Limited
Pradeep Nandrajog
Mukta Gupta
As recorded by the court registry
An appeal to a Division Bench against an order made by a single judge on the original side of the High Court.
Judgements on the same questions, provisions and authorities, from every court
