Emphasis on personal appearance in court and specific actions required to comply with court orders

Headnote:
Adjournment - Personal Appearance - Court directs Dr. H.B. Singh to file unconditional undertaking and separate application for dispensing with personal presence
Fact of the Case:

Dr. H.B. Singh was directed to appear personally in court, but failed to do so. His representative sought adjournment, but the court declined and directed Dr. H.B. Singh to file an unconditional undertaking and a separate application for dispensing with personal presence.
Finding of the Court:

The court adjourned the case to enable Dr. H.B. Singh to comply with the direction to file an unconditional undertaking and a separate application. The court warned of further action if these steps were not taken.
Issues: Non-appearance of Dr. H.B. Singh, request for adjournment, filing of unconditional undertaking and separate application
Ratio Decidendi: The court emphasized the importance of personal appearance and directed specific actions to be taken by Dr. H.B. Singh to comply with the court's orders.
Final Decision: The case was adjourned to allow Dr. H.B. Singh to file an unconditional undertaking and a separate application. Failure to comply would result in further action by the court.

JUDGMENT :

In spite of our direction on the last date for the personal appearance of Dr. H.B. Singh today, he is not present. Mr. Bhattacharya, learned advocate representing him makes a prayer for adjournment after he placed before us for inclusion in the record a copy of a letter written by Dr. H.B. Singh to him indicating that Dr. H.B. Singh wants time for reflection after taking the opinion of the other Presiding Officers. We are not inclined to adjourn the case for that purpose. On further reflection Mr. Bhattacharya has made a prayer for a short adjournment on the ground that he will be advising Dr. H.B. Singh to file an affidavit giving an unconditional undertaking to appear in person in the Court in pursuance of a direction of this Court. He also states that he will advise Dr. H.B. Singh to make a separate application for condoning his absence and exempting his personal presence in the Court on a consideration of all the circumstances to be set out in the Petition.

2. We have heard in part Mr. G. Ramaswamy, Attorney General and Mr. Kapil Sibal, learned senior counsel. Having considered the matter, we are adjourning the case to Friday i.e., 25.10.92 at 10.30 A.M. to unable Dr. H.B. Singh to file an unconditional undertaking to appear in this Court in pursuance of our directions. He may also file a separate application as indicated by Mr. Bhattacharya for our consideration to dispense with his personal presence which will be considered on its merits. If these steps are not taken, we will proceed to hear the Attorney General and other learned advocates further for making the necessary orders in this situation.

3. The petitioner-in-person has filed an affidavit which will be kept on record.

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