Rajnish Wadhera vs Indian Overseas Bank And Ors.

The appellant had filed this appeal without placing on record any impugned order which was alleged to have been passed on April 8, 2015.

Can an appeal be filed without placing on record order under appeal? How this appeal was listed by the Registry being properly constituted would beg an answer. The first question that was addressed to the Counsel was that how the appeal could be filed without annexing or otherwise disclosing the contents of the order.

In response, the Counsel had pleaded that despite application copy of the order had not been supplied. Even if that be so the appeal could be filed only after obtaining a copy of the order. No appeal can be entertained without placing on record the copy of the order. Appeals are held not properly constituted when even a certified copy of the order is not filed. Such appeals are heard only if accompanied by application seeking exemption for filing certified copy. Fixing the appeal for hearing without the impugned order means listing the appeal which is not properly constituted. Registry should have been vigilant enough in this regard.

The case still was adjourned without issuing notice when the Counsel made a grouse that where the appellant should go if a copy of the order is not supplied. A Report was sought from the Tribunal below. The Counsel had then prayed for staying proceedings which prayer was declined by observing that it was not appropriate or legal to stay the proceedings without even seeing or having a feel of the nature or the contents of the order.

When the case is now taken up today, the Counsel for the appellant prays for withdrawing the appeal submitting that one of the co-applicants has died. Ordinarily, this would have been enough to dismiss the appeal as not pressed. I have still decided to express myself as I find that this appeal is filed by the appellant without much sense of responsibility. In addition, the issue of filing appeal in this manner need to be settled for future.

Report received from the Tribunal below shows that the case was listed before the Tribunal below on 8th April, 2015 on which date both the parties were directed to file their written submissions within 10 days. The Tribunal had further observed that on failure to file written submissions, it would pronounce the order on 7th May, 2015 on the basis of record. On 7th May, 2015 an application was moved by Smt. Rashmi Behl for substitution as LR of one of the deceased applicant (applicant No. 3 name not clear from the record) and hence the final order could not be pronounced for this reason. The case was adjourned to 7th July, 2015 for disposal of this application on merits.

Since no final order was passed on April 8, 2015, the question of supplying free copy thereof did not arise. There was no such direction also. As per the record, certified copy of the order dated 8th April, 2015 was applied on 16th April, 2015 and the same was prepared for delivery on 14th May, 2015, but it has not been collected till date.

The facts as noticed would show that the appellant had filed this appeal unnecessarily without any purpose. Virtually there can be no grievance which could be raised in this appeal. The appellant is not in position to plead that he was not aware about the application filed by L.R. of the co-applicants who had died. Thus, the application obviously had been filed by the Counsel for the appellant for substitution of legal representative of the deceased applicant. The Tribunal did not pronounce any order on 7th May, 2015. The order passed on 8th April, 2015 was an order just for fixing the case for filing written submission and for orders. Possibly no cause could be made to file an appeal against this order. The appellant cannot plead to be ignorant about this position. He has unnecessarily wasted the time of this Tribunal by filing this frivolous appeal.

Even on the earlier date of hearing on 1st May, 2015, this Tribunal had observed that the appeal can be maintained only once the order is obtained and annexed. Order dated 8th April, 2015 was an order whereby the case was simply adjourned with liberty to the appellant and the respondents herein to file their written submissions. There would hardly be any cause to make grievance against such are order.

The Counsel for the appellant is accordingly confronted with this position and the fact that how the appellant could file and maintain this appeal. The Counsel refers to the prayer made in the application filed under Section 18(3) seeking permission to place certified copy of the order on record once it is received from the Registry of the Tribunal below and to entertain and hear the appeal. The appellant ought to have known and disclosed to this Tribunal in the appeal that the order dated 8th April, 2015 was an order simply adjourning the case with permission to file written submissions. Without disclosing this aspect, this frivolous appeal was unnecessarily filed. As if that was not enough, the appellant even pressed for stay of the proceedings. Now faced with this difficult situation the appellant has advanced prayer for dismissing the appeal as not pressed. By filing such an appeal the appellant has misused the process of this Tribunal. Praying for stay of proceedings by withholding the order, which was only an adjournment order was nothing but an attempt to mislead. The appellant thus has misused the process of this Tribunal by filing this appeal. While allowing the prayer of the appellant to dismiss this appeal as withdrawn, the appellant is cautioned for his act in misusing the process of Tribunal.

Appeal dismissed.