Bombay High Court Directs Office to Place Matter on Board for Hearing in Writ Petition Against Municipal Corporation. Court issues procedural direction for listing of petition due to non-appearance on board.

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

The petitioner, Vasanti wd/o. Late Rohit Thakur Shah, filed a Writ Petition (No.469/2017) against the Municipal Corporation of Greater Mumbai and others. On the date of hearing, the matter was due but not shown on the board. The learned counsel for the petitioner filed a praecipe for fixing an early date of hearing on that ground. The Court, consisting of Justices K.K. Tated and B.P. Colabawalla, directed the office to place the matter on board on 27.06.2018. The order was a procedural direction to ensure the matter was listed for hearing. No substantive legal issues were decided.

Headnote

A) Civil Procedure - Listing of Matters - Direction to Place on Board - The Court directed the office to place the matter on board for hearing on 27.06.2018, as the matter was due but not shown on board, upon praecipe filed by the petitioner's counsel. (Paras 1-2)

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Issue of Consideration

Whether the matter should be placed on board for hearing when it was not shown on board despite being due.

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Final Decision

The Court directed the office to place the matter on board on 27.06.2018.

Law Points

  • Procedural direction for listing of matter
  • Court's power to direct office to place matter on board
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Case Details

2018 LawText (BOM) (06) 110

Writ Petition No.469/2017

2018-06-22

K.K. Tated, B.P. Colabawalla

Mr. Dilip H. Shukla for the Petitioner

Vasanti wd/o. Late Rohit Thakur Shah

The Municipal Corporation of Greater Mumbai & Ors.

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Nature of Litigation

Writ Petition against Municipal Corporation

Remedy Sought

Direction to place the matter on board for hearing

Filing Reason

Matter was due but not shown on board

Issues

Whether the matter should be placed on board for hearing when it was not shown on board despite being due.

Submissions/Arguments

The learned counsel for the Petitioner filed praecipe for fixing early date of hearing on the ground that the matter was due today, however, it is not shown on board.

Ratio Decidendi

The Court has the power to direct the office to place a matter on board for hearing when it is due but not listed, upon a praecipe filed by the counsel.

Judgment Excerpts

The learned counsel for the Petitioner filed praecipe for fixing early date of hearing on the ground that the matter was due today, however, it is not shown on board. Hence, office is directed to place the matter on board on 27.06.2018.

Procedural History

The matter was due for hearing on 22.06.2018 but was not shown on the board. The petitioner's counsel filed a praecipe. The Court directed the office to place it on board on 27.06.2018.

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