Bombay High Court Adjourns LPA in Commercial Dispute Due to Counsel's Request. No legal issues decided; matter adjourned to next date.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

This is a brief order from the Bombay High Court, Nagpur Bench, in Letters Patent Appeal No.463 of 2009 arising out of Writ Petition No.3952 of 2009(D). The appellant, M/s Rajendra Paper Mart and Others, filed the appeal against Prakashchand S/o Tarchand Parekh and Another. On the date of hearing, the appellant's counsel, Shri Nitin Lalwani, requested an adjournment. The court, without any objection from the respondent's counsel, Shri A. Shelat, granted the adjournment and scheduled the next hearing for 21st January 2010. The order does not discuss any legal issues or merits of the case.

Headnote

A) Civil Procedure - Adjournment - Discretion of Court - Code of Civil Procedure, 1908, Order XVII - The court adjourned the hearing of the Letters Patent Appeal at the request of the appellant's counsel, without any opposition from the respondent. (Para 1)

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Issue of Consideration

Whether the appeal should be adjourned as requested by the appellant's counsel.

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Final Decision

The court adjourned the matter to 21-1-2010 at the request of the appellant's counsel.

Law Points

  • Adjournment
  • Court discretion
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Case Details

2010 LawText (BOM) (01) 227

L.P.A. NO.463 OF 2009 IN WRIT PETITION NO.3952 OF 2009(D)

2010-01-14

A.H. Joshi, R. K. Deshpande

Shri Nitin Lalwani for appellant, Shri A. Shelat for respondents

M/S Rajendra Paper Mart and Others

Prakashchand S/o Tarchand Parekh and Another

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Nature of Litigation

Letters Patent Appeal arising from a Writ Petition

Remedy Sought

Adjournment of hearing

Filing Reason

Appellant's counsel requested adjournment

Submissions/Arguments

Appellant's counsel requested adjournment.

Ratio Decidendi

Not applicable as no legal issue was decided.

Judgment Excerpts

At the request of learned Advocate Shri Nitin Lalwani, for the appellant, adjourned to 21-1-2010.

Procedural History

The matter was listed for hearing on 14-1-2010, and upon request of appellant's counsel, adjourned to 21-1-2010.

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