Dr. Panjabrao Deshmukh Education Society Vs. State of Maharashtra & Ors.
EmailAppeal: Civil Appeal Nos. 1012-1013 of 2000
(Arising out of S.L.P. (C) Nos. 5139-5140/1999)
Petitioner: Dr. Panjabrao Deshmukh Education Society
Respondent: State of Maharashtra & Ors.
Apeal: Civil Appeal Nos. 1012-1013 of 2000
(Arising out of S.L.P. (C) Nos. 5139-5140/1999)
Judges: S. SAGHIR AHMAD & R.P. SETHI, JJ.
Date of Judgment: Nov 02, 2000
Head Note:
PRACTIACE AND PROCEDURE
Constitution of India, 1950
Article 136 – Matter disposed of by High Court in the absence of Counsel – Plausible explanation offered for non-appearance. Order set aside and matter remanded for fresh hearing. (Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. Notice in this case was issued by order dated 30.3.1999 which reads as under:
“Delay condoned.
Issue notice for final disposal since the High Court has decid-ed the matter in the absence of the petitioner or his advocate.”
3. Admittedly, the matter was disposed of by the High Court in the absence of the counsel for the Appellant. We have examined the facts of the case, Since there is a plausible explanation offered for non-appearance of the counsel for the Appellant on the date of hearing, we, after hearing learned counsel for the parties, allow these appeals. Order dated 10.11.1998 passed in C.W.P. No. 2316/90 and the Order dated 22.12.1998 passed in Misc. Civil Application No. 503/98, impugned in these appeals, are set aside. The matter is remanded to the High Court for a fresh hearing in accordance with law after giving an opportunity of hearing to the counsel for the parties. We request the High Court to dispose of the matter expeditiously.
1. Leave granted.
2. Notice in this case was issued by order dated 30.3.1999 which reads as under:
“Delay condoned.
Issue notice for final disposal since the High Court has decid-ed the matter in the absence of the petitioner or his advocate.”
3. Admittedly, the matter was disposed of by the High Court in the absence of the counsel for the Appellant. We have examined the facts of the case, Since there is a plausible explanation offered for non-appearance of the counsel for the Appellant on the date of hearing, we, after hearing learned counsel for the parties, allow these appeals. Order dated 10.11.1998 passed in C.W.P. No. 2316/90 and the Order dated 22.12.1998 passed in Misc. Civil Application No. 503/98, impugned in these appeals, are set aside. The matter is remanded to the High Court for a fresh hearing in accordance with law after giving an opportunity of hearing to the counsel for the parties. We request the High Court to dispose of the matter expeditiously.
