Gujarat High Court
Tipco vs Asst.Provident on 14 December, 2011
Author: K.M.Thaker
Bench: K.M.Thaker
Gujarat High Court Case Information System
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SCA/17370/2011 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 17370 of
2011
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TIPCO
INDUSTRIES LTD - Petitioner(s)
Versus
ASST.PROVIDENT
FUND COMMISSIONER, VAPI - Respondent(s)
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Appearance :
MR
RV DESAI for Petitioner(s) : 1,
None for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 14/12/2011
ORAL ORDER
It appears that the learned advocate for the petitioner is avoiding to attend the hearing of present petition. Present petition was listed for hearing yesterday and below mentioned order was passed:-
"Since last two occasions, i.e. on 2.12.2011 and on 7.12.2011, hearing of present petition had to be adjourned at the request of petitioner's advocate. Today, when the petition is taken-up for hearing, learned advocate for the petitioner, after having availed adjournments on previous two occasions, has failed to remain present and has neglected the proceedings. The petitioner is also not present. Any request for adjournment or pass-over is also not made. In short, learned advocate for the petitioner and the petitioner both have neglected the proceedings. Therefore, the Court is inclined to dismiss the petition for non-prosecution. However, only with a view to affording one more opportunity, as a last chance, the hearing of the petition is adjourned to 14.12.2011 with a clarification that, if the learned advocate for the petitioner does not remain present on the next date in the first call, the petition may be dismissed for non-prosecution even in first call."
Accordingly, the petition was adjourned to today.
Today, when the petition is called-out and taken-up for hearing, it is informed that learned advocate for the petitioner has filed sick-note for one day. The petition is adjourned to tomorrow [i.e. on 15.12.2011] with clarification that either leave-note or sick-note if filed tomorrow by the learned advocate for the petitioner, the same will not be taken into account and if learned advocate for the petitioner remains absent tomorrow, the Court may take-up the petition for hearing and pass appropriate order, including order on merits or order for dismissal for non-prosecution.
[K.M.Thaker, J.] kdc Top