Case Note & Summary
The dispute arose in Suit No. 4014 of 1990, where Bank of Oman Limited was the plaintiff against Chintan Poly Yarn Pvt. Ltd. and others as defendants. The matter was brought before the High Court of Judicature at Bombay, where it was revealed that the suit had already been disposed of on 21st June 1993. The court noted that the office had mistakenly placed the matter before it, assuming it was still pending due to the absence of the order from the record. Both parties' counsel confirmed the suit's disposal, leading the court to direct that the papers be consigned to the records, treating the suit as disposed of. The court's decision was based on the agreement of both sides regarding the status of the suit, ensuring clarity in the procedural history and resolution of the matter.
Headnote
A) Civil Procedure - Disposal of Suit - Suit already disposed of on 21st June 1993 - High Court observed that the matter was mistakenly placed before the court as pending due to absence of order copy in the record. Court directed that the papers be consigned to the records, treating the suit as disposed of, as both parties agreed (Paras 1).
Issue of Consideration
Whether the suit is still pending or has been disposed of.
Final Decision
The court directed that the papers be consigned to the records, treating the suit as disposed of, based on the agreement of both parties regarding its status.
Law Points
- Civil procedure
- disposal of suit
- reconstruction of order
