U.P. State Industrial Devp Corpn. ... vs Competent Gramin Awas Sahkari ...
2015 Latest Caselaw 1389 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- FIRST APPEAL No. - 985 of 2002
 

 
Appellant :- U.P. State Industrial Devp Corpn. Thru' Its M.D.
 
Respondent :- Competent Gramin Awas Sahkari Samiti Ltd. & Others
 
Counsel for Appellant :- Anoop Trivedi,S.K. Misra
 
Counsel for Respondent :- Ashok Mohiley,S.M. Haider Zaidy
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Mrs. Ranjana Pandya,J.

1. In this case, there are two counsels for appellant, one of which Mr. S.K.Mishra has sought adjournment on the ground of illness. When there are more than one counsel and one of them has sought adjournment on the ground of illness, it is open to the Court to reject the request for adjournment. A Division Bench of this Court in Special Appeal No. 887 of 1997, Ashwani Kumar Vs. D.Sen Gupta and others, decided on 23.3.2006 in somewhat similar circumstances taking the same rejected the request for adjourment observing as under:

"Since names of a number of counsels are printed in the cause list for the appellant and therefore, we are not inclined to adjourn this matter only on the ground of illness of one, out of five learned counsels for the appellant."

2. In the circumstances, we decline to adjourn the matter. The other counsel, namely, Sri Anoop Trivedi has not appeared though the case has been called in revised.

3. Dismissed for want of prosecution.

4. Interim order, if any, stands vacated.

5. Sri S.M. Haider Zaidy, learned counsel for the respondents is present.

Order Date :- 21.7.2015

Ashish Pd.