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)
Issue of Consideration
Whether the matter should be placed on board for hearing when it was not shown on board despite being due.
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
Case Details
2018 LawText (BOM) (06) 110
Writ Petition No.469/2017
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.
