Judge krishnan R amasamy/Hence, as final indulgence, the matter is adjourned to 22.04.2024, on which date, the learned counsel for the respondent is directed to appear and argue the case, failing which, this Court would not only proceed to pass orders on merits, but also would issue appropriate direction as regards initiation of action by the Bar Council against the counsel on record for the respondent.
A.No.3023 of 2021
O.P.No.1051 of 2019
and
A.No.9738 of 2019
Krishnan Ramasamy,J.,
When the matter was taken up for hearing today (i.e) 16.04.2024 at the pre-lunch session, the learned counsel for the applicant/petitioner alone is present, however, none appeared on behalf of the respondent, and hence, the matter was passed over and simultaneously, the learned counsel for the applicant/petitioner was directed to contact the counsel on record for the respondent over phone and inform him about the fact that the matter has been passed over and would be taken up at post lunch session for their appearance. Accordingly, the matter is taken up at post lunch session, and though the learned counsel for the applicant/petitioner acted according to the direction of the Court by contacting the respondent’s counsel over phone and informed about the matter being passed over for their appearance, learned counsel for the respondent has expressed his inability to appear before the Court today.
- Further, it is seen from the docket sheet that the matter has been adjourned on two occasions, i.e. on 26.09.2023 and 10.10.2023 at the request made by the learned counsel for the respondent and further, on 05.09.2023, when the matter was called, none appeared on behalf of the respondent.
- Thus, the very attitude of the counsel for the respondent shows that they have scant regard over the Court proceedings and they have also deviated from their professional obligations. Normally, in case of any difficulty by the counsel in appearing before the Court, either due to illness; or in case they be handicapped with want of instructions from the client, or any other grounds, the same would be brought to the notice of the Court either by the Junior counsel on record by any of the counsel representing them orally, and or by way of filing memo, whereas, in the present case, neither of above such option has been adopted, nor the counsel has turned up, despite, he being informed about the hearing of the case through the learned counsel for the applicant/petitioner. Even assuming that the counsel for the respondent, whom, the learned counsel for the applicant/petitioner had contacted had difficulty to appear, there were three counsel on record, therefore, the matter could have been represented by either of the counsel. This Court expresses it’s displeasure over the attitude of the respondent.
- Hence, as final indulgence, the matter is adjourned to 22.04.2024, on which date, the learned counsel for the respondent is directed to appear and argue the case, failing which, this Court would not only proceed to pass orders on merits, but also would issue appropriate direction as regards initiation of action by the Bar Council against the counsel on record for the respondent.
16.04.2024
sd
Krishnan Ramasamy,J.,
sd
O.P.No.1051 of 2019
16.04.2024
