K. Surekha vs Sarvottam Ispat Limited
- CitationCompany Appeal (AT) (Ins) No. 1396/2019
Ratio decidendi
The rule this decision rests on
The Tribunal may dismiss an appeal for want of diligent prosecution where neither party is represented on the date fixed for hearing, after the matter has been adjourned once in the interest of justice and the parties' engaged counsel on record have still not appeared.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
In the matter of : K. Surekha ...Appellant V Sarvottam Ispat Limited ...Respondent Present: For Appellant : No Appearance For Respondent : No Appearance ORDER
(Virtual Mode) 07/07/2023:
As seen from the 'Minutes of the 'Adjudication Proceedings' of the
instant TA (AT) No. 210/2021 (Company Appeal (AT) (Ins) No.
1396/2019), it comes to light that there was no representation on the side of
the 'Appellant' and even when the matter was listed on 02/05/2023, it was
minuted by this 'Tribunal' that 'no one has put in appearance', on behalf of
the 'Appellant' that in the interest of Justice, the matter was adjourned to
23/06/2023 and from 23/06/2023, once again the matter was directed to be
listed on 07/07/2023.
'Today', i.e. on 07/07/2023, at 11.59 a.m., there is no representation
on either side. Considering the fact that there is no representation on the side
of the 'Appellant' and on the side of the 'Respondent', though the Parties
T.A. (AT) No. 210/2021 Page 1 of 2 have engaged the Learned Counsels who are on Record, this 'Tribunal' is
left with no option, at this stage, to dismiss the instant TA(AT) No. 210/2021
(Company Appeal (AT) No. 1396/2019), 'for want of diligent Prosecution'.
No Costs. Connected Pending 'Interlocutory Applications', if any, are
'closed'.
[Justice M. Venugopal] Member (Judicial)
[Shreesha Merla] Member (Technical) SPR/NG
T.A. (AT) No. 210/2021 Page 2 of 2
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