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Judgment
Ashok Menon, Chairperson
Misc. Appeal No. 217/2022 was posted for a hearing time and again.
The Appellant was not regular in appearing. Ultimately, on 5. 04.2022 the counsel for the Appellant requested for an adjournment in the matter, and Appeal was posted for hearing on 15. 06.2022 as a last chance.
However on that date also the counsel for the Appellant was not present for the hearing and therefore, the Appeal was dismissed for default.
The Respondent was present throughout and even ready for the hearing. This is an application for restoration of that Appeal which was dismissed for default.
The learned counsel for the Appellant submits that there was some miscommunication with the client, and the officer who was in charge of conducting the Appeal was also affected by Covid-19 and therefore, could not contact the counsel. In case the client could not contact the counsel and there was no instruction was received, it was for the counsel to report no instructions.
In the instant case, the counsel for the Appellant has absented himself which goes to show that the Appellant was not keen on prosecuting the Appeal.
However, taking into consideration the entire facts and circumstances in this case and the facts that the application for restoration has been filed within a week, I am of the opinion that the Appeal has to be disposed of on merits.
However, for the latches on the part of the Appellant in prosecuting the Appeal diligently, a cost will have to be imposed. The Appellant is directed to pay a cost of ₹ 20,000/- to the D.R.T. Bar Associates, Mumbai within the period of one week for the purchase of books and periodicals, failing which an application stands dismissed without any further reference to this Tribunal.
In case of compliance, post on 07.12.2022 before the Registrar.