2021 (10) TMI 127 - HC - GST

Writ petition dismissed for lack of representation highlights importance of timely participation in legal proceedings

The writ petition was dismissed due to lack of representation by the writ petitioner and their counsel throughout multiple court listings despite repeated ... Maintainability of captioned writ petition - non-prosecution of the case - HELD THAT:- The position is no different today though the matter is listed under the cause list caption 'FOR DISMISSAL' pursuant to earlier proceedings dated 17.09.2021. In other words, today also Ms.G.Shankardevi, learned counsel representing Mr.P.T.Ramkumar, learned Standing Counsel for Southern Railway on behalf of Respondents 1 to 5 and Mr.V.Sundareswaran, learned counsel for 6th respondent are before this Virtual Court, but there is no representation for the writ petitioner. It is further to be noted that there was no representation in the first call. As a matter of abundant caution and with the intention of giving adequate opportunity, the matter was passed over and called again. There was no representation for writ petitioner in the second call also. The captioned writ petition is dismissed for default/non-prosecution. Issues: Lack of representation for the writ petitioner leading to dismissal of the writ petition.Analysis:The judgment pertains to a series of proceedings where the writ petitioner failed to appear, leading to the dismissal of the writ petition due to default/non-prosecution. The initial listing on 01.09.2021 saw no representation for the writ petitioner, with counsel for the respondents present. The court granted another opportunity for the writ petitioner and counsel by listing the matter for the next day. However, on 02.09.2021, there was still no representation for the writ petitioner, prompting the court to provide further time by scheduling the matter for the following Monday.Subsequent listings on 15.09.2021 and 17.09.2021 followed a similar pattern, with the writ petitioner and their counsel failing to appear despite multiple opportunities given by the court. The court noted the absence of representation and decided to list the matter under the cause list caption 'FOR DISMISSAL' on 21.09.2021. Even on this date, there was no representation for the writ petitioner, leading to the dismissal of the writ petition for default/non-prosecution. The judgment highlights the importance of timely appearance and active participation in legal proceedings to avoid adverse consequences like dismissal for non-prosecution.