Case Note & Summary
The Bombay High Court was hearing Civil Application No.1232 of 2016 in Writ Petition No.1927 of 2013, filed by Sir Mohammad Yusuf Trust against Unmish Manharlal Udani. On 20th April 2018, the matter was listed but the petitioner's counsel informed the court that his arguing counsel was busy and requested time beyond the vacation. The court noted that the Civil Application had already been disposed of on 9th March 2018. Consequently, the court adjourned the writ petition to 2nd May 2018. No other substantive issues were addressed.
Headnote
A) Civil Procedure - Adjournment - Counsel's Unavailability - Code of Civil Procedure, 1908, Order XVII - The court adjourned the writ petition to 2nd May 2018 as the petitioner's arguing counsel was busy, noting that the Civil Application had already been disposed of on 9th March 2018. (Paras 1-4)
Issue of Consideration
Whether the writ petition should be adjourned due to counsel's unavailability.
Final Decision
Writ Petition adjourned to 2nd May 2018.
Law Points
- Adjournment granted due to counsel's unavailability
- Civil Application disposed
Case Details
2018 LawText (BOM) (04) 179
Civil Application No.1232 of 2016 in Writ Petition No.1927 of 2013
K.K. Tated, B.P. Colabawalla
P.S. Dani, Sr. Counsel with Sahil Sayyed, Nikhil Apte i/b M/s Wadia Ghandy and Co. for Applicant; Nishant Tripathi with Vaibhav Matkar, Somnath Iyer i/b M/s M. Tripathi and Co. for Respondent
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Nature of Litigation
Civil application in writ petition
Remedy Sought
Adjournment of writ petition
Filing Reason
Counsel for petitioner was busy
Previous Decisions
Civil Application disposed on 9th March 2018
Issues
Whether the writ petition should be adjourned due to counsel's unavailability.
Submissions/Arguments
Petitioner's counsel submitted that his arguing counsel is busy and requested time beyond vacation.
Ratio Decidendi
The court granted adjournment as the petitioner's counsel was unavailable, noting that the Civil Application had already been disposed of.
Judgment Excerpts
The learned counsel for Petitioner submits that his arguing counsel is busy today.
Writ Petition stand over to 2nd May 2018.
Procedural History
Civil Application No.1232 of 2016 was filed in Writ Petition No.1927 of 2013. The Civil Application was disposed on 9th March 2018. On 20th April 2018, the matter was listed but adjourned due to counsel's unavailability.
