2023 (11) TMI 1309

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....D P Chaturvedi, Sr. Adv.  Mr. Tarun Kumar Thakur, Adv.  Ms. Parvati Bhat, Adv.  Ms. Anuradha Mutatkar, AOR For the Respondent : Mr. G. Arudhra Rao, Adv. Mr. Sathvik M.C., Adv.  Mr. Aniruddha Purushotham, AOR  Ms. Tansi Fotedar, Adv.  Mr. Rohan Andrew Naik, Adv.  Mr. Mohan Prasad Gupta, Adv.  Mr. Kumar Abhishek, Adv. ORDER Leave granted. The appel....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....particularly the Explanation thereto instead of dismissing the appeal on merits by stating that no substantial question of law was made out. Therefore, the learned senior counsel submitted that the impugned judgment may be set aside and the matter may be remanded to the High Court for consideration on the merits of the appeal. Per contra, learned counsel appearing for the respondent supported t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eal on the merits." The Explanation categorically states that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. However, the impugned judgment is a dismissal of the appeal on merits which is contrary to the aforesaid provisions and particularly the Explanation thereto. On that short ground alone the appeal i....