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2014 Supreme(SC) 1183

DIPAK MISRA, VIKRAMAJIT SEN
Syed Gulzar Hussain – Appellant
Versus
Dewan Syed Ale Rasul Ali Khan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Kapil Sibal, Sr. Adv. Mr. Sushil Kr. Jain, Sr. Adv. Mr. Puneet Jain, Adv. Mr. Iqbal Chisty, Adv. Ms. Pratibha Jain, Adv. Mr. Shakil Ahmed Syed, Adv. Mr. Syed Ahmad Saud, Adv. Mr. Ghulam Najmi Farooqui, Adv. Mohd. Parvez Dabas, Adv. Mr. Imtiyaz Meer, Adv. Mr. Uzmi Jameel, Advocate.

ORDER :

In the course of hearing, Mr. Kapil Sibal, learned senior counsel has produced a copy of the order dated 19.08.2014 passed in S.B. Civil Misc. Application No. 90/2014 in S.B. Civil Misc. Appeal No. 4379/2012. The learned Single Judge, who has passed the order, has commenced the order with the following sentence:

    "None of the Advocates for the parties is present due to the strike call given by the Bar Association." On a query being made, Mr. Sushil Kumar Jain, learned senior counsel appearing along with Mr. Kapil Sibal, submitted that strike is continuing for approximately last two months. We are at loss to understand why the strike is continuing as a result of which the Court is not assisted by the counsel for the parties. It has come to the notice of this Court that when the High Court passes an order without rendition of assistance by the learned counsel for the parties, submissions otherwise available or supposed to be tenable, as per the perception of the learned counsel appearing before this Court, have not been taken note of by the High Court or the subordinate Court. When queries are made, why these submissions were not made, they also express their inability.

2. Regar

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