KULDIP SINGH, P.B.SAWANT
Tahil Ram Issardas Sadarangani – Appellant
Versus
Ramchand Issardas Sadarangani – Respondent
Certainly. Based on the provided legal document, here are the key points:
The appeal concerns the dismissal of a petition to set aside an arbitration award, which was dismissed in default due to the advocate's withdrawal and the absence of the petitioners at the hearing (!) (!) .
The advocate representing the petitioners appeared for the hearing but stated he had no instructions from the petitioners, despite having informed them of the hearing date. He requested an adjournment, which was refused, and subsequently, he was permitted to withdraw his appearance (!) (!) .
At the time of withdrawal, neither the petitioners nor any counsel was present in court, and there was no record indicating whether the petitioners had notice of the hearing. The court emphasized that, in such circumstances, a fresh notice should have been issued to ensure fairness (!) (!) .
The court expressed concern about unethical practices within the legal profession, particularly regarding firms that file appearances for clients without proper engagement, which compromises the element of service and professional ethics (!) .
The court highlighted that the element of service is essential in the legal profession and that the profession must introspect and take measures to restore public confidence and uphold ethical standards (!) (!) .
The court held that, in the circumstances of the case, the party in person was not at fault and should not be made to suffer due to the advocate's withdrawal and lack of proper notice. Consequently, the appeal was allowed, and the previous orders dismissing the petition were set aside, directing the high court to hear the case on its merits (!) .
The decision underscores the importance of proper notice and ethical conduct in legal proceedings to ensure justice and fairness for all parties involved (!) (!) (!) .
Please let me know if you need further analysis or assistance.
JUDGMENT
This appeal has arisen from the order of the High Court dated March 15, 1974 dismissing in default the petition filed by the appellant-petitioner to set aside an award given in the arbitration proceedings. The application for restoration of the petition was also dismissed by the High Court on April 24, 1974. Further appeal filed by the appellants was dismissed in limine by a Division Bench of the High Court by its order dated August 5, 1974.
2. Appellants petition for setting aside the award came for hearing before Vimadalal, J. of the Bombay High Court on March 15, 1974. Mr. N. V. Adhia, Advocate appeared before the Learned Judge on behalf of the petitioner. It is no doubt correct that on the original side of the High Court, an advocate, at the relevant time had to appear through an attorney or a firm of attorneys. It seems that Mr. Adhia had directly sought instructions from the petitioners and made appearance before the Court. When the case reached for hearing on March 15, 1974 Mr. Adhia appeared for the petitioners and stated that he had no instructions in the matter although he had informed the petitioners regarding the date of hearing of the petition. He requested fo
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