Case Note & Summary
The case involves an appeal filed by Mackinnon Mackenzie & Company Limited against Bank of India and other respondents. The appeal arose from a suit (Suit No.2348 of 1990) and related proceedings. The High Court of Bombay, comprising Justices R.M. Lodha and J.P. Devadhar, heard the appeal on 2nd August 2005. On the date of hearing, none of the parties appeared. The court noted that the appeal had been called out on 25th July 2005 and 29th July 2005, but no one appeared, leading to adjournments. On 1st August 2005, due to heavy rains in Mumbai, the matter was adjourned to 2nd August 2005. On 2nd August 2005, again no one appeared for the parties. The court inquired from the Court Associate whether the suit had been transferred to the Debt Recovery Tribunal. Upon checking the original register, the Court Associate informed that the suit had indeed been transferred to the concerned Debt Recovery Tribunal. Consequently, the court held that the appeal had become infructuous and dismissed it for non-prosecution. No costs were awarded. The judgment is brief and focuses solely on the procedural default and the transfer of the suit to the Debt Recovery Tribunal.
Headnote
A) Civil Procedure - Non-Prosecution - Dismissal of Appeal for Default - No specific Act - Appeal dismissed for non-prosecution as appellant and respondents failed to appear on multiple hearing dates despite adjournments - Court noted that the suit had been transferred to the Debt Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, and thus the appeal had become infructuous (Paras 1-5).
Issue of Consideration
Whether the appeal should be dismissed for non-prosecution when neither appellant nor respondents appear on multiple hearing dates.
Final Decision
Appeal dismissed for non-prosecution. No order as to costs.
Law Points
- Non-prosecution
- dismissal of appeal for default
- transfer of suit to Debt Recovery Tribunal
- Recovery of Debts Due to Banks and Financial Institutions Act
- 1993
