2015 (3) TMI 804

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....ccompanied by applications for grant of stay having been found to be defective, opportunity was granted by the Tribunal, to remove the defects. Advocate for the petitioner sent a communication and sought time/adjournment, to remove the defects, on account of he being unable to sit and work due to back problem. The Tribunal having found, that no ground is made out to grant the adjournment and being....

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.... having not been removed, despite reasonable opportunity having been granted, the Tribunal being left with no alternative has passed the impugned order. He made submissions in support of the impugned order. 4. Perused the writ record and considered the rival contention. Point for consideration is, whether the petitioner is entitled to any relief? 5. Stay applications were filed along with the ap....

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....justified in passing the impugned order. Since adjournment was sought on the ground of illness of the advocate, which was certified by a medical practitioner, the Tribunal has acted with material irregularity in not taking into consideration the said fact and in passing the impugned order. 8. The Tribunal, if, had dismissed the said applications for non-prosecution, still the impugned order could....

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....d consideration or cryptic order or decision without due reflection on the issues raised in a matter may render such decision unsustainable. Hasty adjudication must be avoided. Each and every matter that comes to the court must be examined with the seriousness it deserves." 10. There is lack of application of mind. Non-consideration of the prayer for adjournment sought on medical ground by the ad....