which
has been dismissed in default for non-compliance of the
peremptory order dated 1.08.2013.
I.A.No.3641/15 has been filed for condonation ... filing the MCC.
Learned counsel for applicants submits that
40
peremptory order was in respect of the deficit payment of
court fee and that
immovable property, does not postulate that the court must pass peremptory order or impose such conditions in the decree. The provisions of Rule ... performance, no such mandate has been provided, the passing of such peremptory order in such decree is not absolutely essential. This aspect has been left
December, 1996 the Chairman of the Arbitral Tribunal issued a peremptory order requiring the respondent to submit its papers within 21 days, upon failure ... documents and papers placed before it by the claimant. Despite this peremptory order, the respondent failed to place its documents and submissions before the Arbitral
with this
order, the Claimants may apply for a final and
peremptory order with appropriate sanctions."
35. On 17th November 2008, an application ... wrote to Mr. Oakley withdrawing its
application for the final and peremptory order referring to the pendency
of the petition in this Court. On 18th
email dated 21st August, 2012,
made a final and peremptory order against the award-debtor as per Section
41 of the English Arbitration ... peremptory order was also
served upon the award-holder stating that the defence submissions were to
be served by 28th August, 2012. The tribunal
admitted on 24.4.2003 and by way of an interim order it was ordered the peremptory order passed by the learned Single Judge shall remain stayed ... special appeal, due to dismissal of appeal as aforesaid treating the peremptory order dated 4.3.2003 passed by learned Single Judge to be in operation
stood dismissed on 17.9.2019
on account of non-compliance of peremptory order dated 17.9.2019
passed by this Court.
2. Mr. Rajiv Nandan Prasad, the learned ... that the Second Appeal was dismissed in the light
of the peremptory order in the year 2019 itself the CMP for restoration
was filed
first appeal was
dismissed on 08.07.2016 due to non-compliance of peremptory
order dated 27.04.2016, hence, restoration application
No.423/2018, which was filed with ... passed away. At that stage,
this Court passed a peremptory order dated 27.04.2016 for filing
PF and notices for unserved respondents and it was observed
HEADNOTE:
The High Court passed a peremptory order that " the appeal
will stand dismissed " if a certain amount of court ... decide in this appeal. These orders turn out, often
enough to be inexpedient. Such procedural orders, though
peremptory (conditional decrees apart) are, in essence
appears that there was an order to remove this defect and the order appeared to be of a peremptory character, probably, there was some laxity ... failure to remove the defect and non-compliance with the peremptory order No, 10 made by the Court on Sept. 30, 1975.
4. An application
