This appellate court dismissed the appeal filed by M/s Venus Cement against Indian Overseas Bank for non-prosecution. The appellant failed to appear in two rounds despite specific directions to serve the appeal copy on the respondent's counsel.
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.
Appeal Dy. No. 343/2019 Date: 19.09.2022
M/s Venus Cement Vs. Indian Overseas Bank & Ors.
Present: Shri Maneesh Mehrotra, counsel for the respondentBank,
No one appears on behalf of the appellant even in the second round. The order dated 03.06.2022 shows that none was present on that date also on behalf of the appellant.
Learned counsel for the respondents contends that inspite of specific direction of this court vide order dated 09.08.2021, copy of appeal has not yet been served upon him.
In view of the above and the fact that none has put in appearance on behalf of the appellant for the last two occasions, the appeal is dismissed for non-prosecution.
Justice R. D. Khare Chairperson
VN Giri
1 issue framed by the court
Whether an appeal can be dismissed for the appellant's failure to appear and non-service despite court directions.
M/s Venus Cement
Indian Overseas Bank
Justice R. D. Khare
VN Giri
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
