2016 (4) TMI 759

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Dharmadhikari and B.P. Colabawalla , JJ. Shri S.V. Bharucha with D.P. Singh, for the Appellant. Shri Advait M. Sethna with Ms. Raju R. Thakker i/b S.V. Marwadi, for the Respondent. ORDER P.C. : These Civil Applications by the applicant - Union of India through the Director of Enforcement, Mumbai seek to challenge a conditional order of the Registrar (Judicial) of this Court dated 10th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dents and they have been emphasizing that though the appeals had been admitted way back on 31st August, 2007 and a facility was given to the applicant/appellant to supply a private paper book, still the defaults continue and therefore, the Registry was left with no choice but to dismiss the appeals without adjudication on merit. Now the question arises whether the same opportunity should be given ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....omplying with the procedural rules. They cannot, after such enormous delay and deliberate and wilful default seek restoration of the appeals. They have been rightly dismissed by the Registrar (Judicial) of this Court. If the appeals are dismissed without adjudication on merits, then it is solely because of applicants and not for reasons attributable to the Registry of this Court. There is no merit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ons any further. However, we are surprised and shocked that for such lapses and non-compliance with the procedural requirements, the Director of Enforcement, having his office at Mumbai, has not initiated the necessary inquiry and sought explanation from those working under him as to why the delay has occurred. He must take disciplinary action. 8. The Director of Enforcement cannot go on g....