Single judge dismissed an appeal held peremptory after finding the appellant had lost interest due to non-appearance on the adjourned date despite notice.
Order dated 21 July 2022 granted adjournment; final order dated 26 July 2022 dismissed the appeal.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ARBA No.15 of 2005
(Through video conferencing mode)
… Neelachal Ispat Nigam Limited, Appellant BBSR
None
-versus-
… SMS Demag Aktien Geselischaft, Respondent Eduard
CORAM: JUSTICE ARINDAM SINHA
ORDER Order No. 26.07.2022 07. 1. None appears. 2. It is necessary to reproduce text of orders dated 7th July, 2022, 14th July, 2022 and 21st July, 2022. “ 7th July, 2022: 1. None appears in this appeal. The record bears names of eight learned advocates empowered on behalf of appellant. 2. In event none appears to press the appeal on adjourned date or thereafter, the appeal is likely to be dismissed. 3. List on 14th July, 2022.
14th July, 2022: 1. None appears. 2. The list reflects names of several learned advocates engaged by appellant. That is good notice. If same situation prevails on adjourned date or thereafter, Court will presume that appellant has lost interest and the writ petition will be dismissed. 3. List on 21st July, 2022.
21st July, 2022: 1. Mr. Royatsingh, learned advocate appears and prays for adjournment on absence of his leader. 2. Order sheet reveals none had appeared on 7th and 14th July, 2022. Respondent goes unrepresented today as well. 3. Adjournment is granted
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// 2 //
peremptory. The appeal will be taken up and dealt with on adjourned date or thereafter. 4. List on 26th July, 2022 under same heading. ”
3. Court is convinced appellant has lost interest.
4. The appeal is dismissed.
(Arindam Sinha)
Judge
Prasant
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3 issues framed by the court
Whether the appeal should be dismissed due to the appellant not appearing to press it on the adjourned date.
Whether the court can presume that the appellant has lost interest in the appeal.
Whether the appeal is maintainable when there is lack of active prosecution by the appellant.
Neelachal Ispat Nigam Limited
SMS Demag Aktien Geselischaft
Arindam Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
