Court No. - 19
Case :- SECOND APPEAL No. - 781 of 2011 Appellant :- Nagar Palika Parishad Respondent :- Tehsildar, Thakurdwar, Moradabad Counsel for Appellant :- J.K. Khanna Counsel for Respondent :- Kshitij Shailendra Hon'ble B. Amit Sthalekar,J.
This second appeal has been remanded from the Supreme Court for expeditious disposal.
On 7.4.2017 no one appeared for the appellant whereupon the court fixed the case peremptorily for today. Today, there is an illness slip of Shri J.K. Khanna. Shri Amit Khanna, learned counsel states that Shri J.K. Khanna is suffering from cold and cough.
This matter was remitted by the Supreme Court by its order dated 28.9.2016 for expeditious disposal preferably within six months. Six months have already passed and inspite of the specific direction of the Supreme Court an illness has been sent today when the case is already marked as peremptory.This shows scant respect for the order and direction of the Apex Court.
There is another aspect of the matter. There is another case at sl. no. 9 of the cause list in which also the name of Shri J.K. Khanna is printed as counsel but in that case no illness has been marked.
In (2008) 13 SCC 395, Secretary Department of Horticulture, Chandigarh and another Vs. Raghu Raj the Supreme Court in paragraph 23 has held as under:
"23. Now, it cannot be gainsaid that an advocate has no right to remain absent from the court when the case of his client comes up for hearing. He is duty-bound to attend the case in court or to make an alternative arrangement. Non-appearance in court without "sufficient cause" cannot be excused. Such absence is not only unfair to the client of the advocate but also unfair and discourteous to the court and can never be countenanced."
In this view of the matter, the second appeal is dismissed for want of prosecution.
Interim order, if any, stands vacated.
Shri Kshitij Shailendra, learned counsel for the respondents is present.
Order Date :- 18.4.2017/o.k.