Case Note & Summary
The case involved Tamilnad Mercantile Bank Limited as the plaintiff against J.M. Engineering Works Private Limited and others. The hearing took place before Justice Sugato Majumdar on September 29, 2023. During the proceedings, it was noted that none of the defendants appeared except for defendant no. 4, represented by Advocate Uttam Sharma. The court referred to an earlier order dated January 2, 2019, which allowed the retirement of the advocate for defendant no. 4. In light of the absence of the other defendants, the court decided to issue an administrative notice to ensure all parties appear for the next hearing. The matter was scheduled to be listed again on November 24, 2023, for further proceedings.
Headnote
A) Civil Procedure - Appearance of Parties - Issuance of Administrative Notice - Code of Civil Procedure, 1908 - The court noted the absence of defendants except for one and decided to issue an administrative notice for their appearance. The matter was scheduled to appear again on a specified date for further proceedings. Held that notice was necessary to ensure all parties are present (Paras Not mentioned).
Issue of Consideration
Whether the court should issue an administrative notice for appearance of parties in the absence of defendants.
Final Decision
The court decided to issue an administrative notice to ensure the appearance of all parties and scheduled the matter for November 24, 2023.
Law Points
- Civil procedure
- appearance of parties
- administrative notice
