Allahabad High Court
Ravinder Kumar Kohli vs Anil Kumar Kohli And 2 Others on 5 October, 2023
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:191753 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 10051 of 2023 Petitioner :- Ravinder Kumar Kohli Respondent :- Anil Kumar Kohli And 2 Others Counsel for Petitioner :- In Person Counsel for Respondent :- B.D. Shukla Hon'ble Rohit Ranjan Agarwal,J.
1. Heard the petitioner Ravinder Kumar Kohli, in person, and Sri B.D. Shukla, learned counsel, who has put in appearance on behalf of respondent no. 1.
2. Notice need not to be sent to the respondent nos. 2 and 3 as they are sons of petitioner and are proforma respondents.
3. This writ petition under Article 227 of the Constitution of India has been filed assailing the orders dated 19.07.2023 and 09.08.2023 passed by the Commercial Court, Kanpur Nagar in Arbitration Case No. 25/70 of 2012.
4. It is contended by petitioner that the matter was fixed on 19.07.2023 and he had appeared in person before the court below but court below passed an order directing him to appear through counsel on 01.08.2023. Thereafter, the petitioner on 09.08.2023 moved an application before the court concerned that he has been appearing before various courts in person and has been contesting the matters against the respondents without any assistance of lawyer. The said application was rejected vide order dated 09.08.2023.
5. Sri B.D. Shukla, learned counsel appearing for respondent no. 1 has tried to justify the orders passed by the court below on the ground that the conduct of petitioner has been under cloud and application has been moved on 09.08.2023 to delay the proceedings. He further submitted that on the earlier occasion the Presiding Officer has reprimanded the petitioner for his conduct.
6. After hearing the petitioner and learned counsel for respondent no. 1 this Court finds that Commercial Court could not have passed the order dated 19.07.2023 and 09.08.2023 denying the petitioner to appear in person and contest his case. The court below cannot insist the petitioner to engage a counsel for contesting the proceedings before the Commercial Court.
7. In view of the said fact, both the orders dated 19.07.2023 and 09.08.2023 passed by the Commercial Court, Kanpur Nagar in Arbitration Case No. 25/70 of 2012 are unsustainable in the eyes of law and, as such, same are hereby quashed and set-aside.
8. Writ petition is allowed, accordingly.
9. The court below is directed to proceed in the matter as expeditiously as possible without granting any adjournment to either of the parties.
Order Date :- 5.10.2023 Shekhar