Case Note & Summary
The dispute arose from an appeal filed by M/s Water and Power Consultancy Services (India) Ltd. against an order of the High Court of Delhi. The High Court had reversed a decision by the Additional District Judge that required the respondent to withdraw admitted rent against a bank guarantee. The Supreme Court, upon reviewing the High Court's order, expressed its disinclination to interfere but noted that the directive for the Chairman of the appellant company to appear personally in court was excessive, especially since the appellant had sought multiple adjournments. Consequently, the Supreme Court deleted the requirement for personal appearance while disposing of the appeal. The Court also left the door open for the respondent to apply for a recall of this order if they chose to do so. The judgment was delivered on May 1, 2009, by Justices Tarun Chatterjee and H.L. Dattu.
Headnote
A) Civil Procedure - High Court Orders - Personal Appearance of Company Officials - Code of Civil Procedure, 1908 - The Supreme Court found that the High Court's directive for the Chairman's personal appearance was unwarranted due to the appellant's requests for adjournments. The Court deleted this part of the order while disposing of the appeal, allowing the respondent to seek recall if desired. Held that personal presence was not necessary under the circumstances (Paras 3-4).
Issue of Consideration
Whether the High Court's order directing the Chairman of the appellant company to be personally present in court was justified.
Final Decision
The Supreme Court disposed of the appeal, deleting the requirement for the Chairman's personal appearance in court while allowing the respondent to seek a recall of the order if desired.
Law Points
- Civil procedure
- High Court orders
- Personal appearance of company officials
