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TUSHAR RAO GEDELA
Deepak Aggarwal – Appellant
Versus
Mukesh Aggarwal – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 24610/2023 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 788/2023
3. The petitioner challenges the order dated 03.04.2023 and 26.04.2023 in CS DJ 179/2020 titled `Deepak Aggarwal Vs. Mukeh Aggarwal' whereby the request made by the petitioner that the matter be taken up for appearance of the petitioner in the last week of May, 2023 was not allowed and the matter was listed for the personal appearance of the petitioner on 03.08.2023.
4. Learned counsel appearing for the petitioner submits that the petitioner is a resident of USA and while adjudicating an application under Order VII Rule 11 CPC, 1908, the Trial Court felt the need for personal appearance of the petitioner and had directed so.
5. Learned counsel submits that since the petitioner was able to take leave and book his tickets for 20.05.2023 to visit India, the petitioner had made a request to the Trial Court through his counsel by filing an application to permit the petitioner to appear before the learned Trial Court in the last week of May, 2023. Learned co
The court emphasized the need for the Trial Court to consider the petitioner's request for personal appearance sympathetically, taking into account the inconvenience and financial implications on the....
Exemption from personal appearance – Accused can make his appearance before Trial Court through his Advocate and personal appearance of accused is not necessary unless compelled as contemplated under....
Ex-parte proceedings are unsustainable if a party appears on the subsequent date, highlighting the right to be heard.
Magistrate may dispense with personal attendance of accused if he thinks it is reasonable to do so at his discretion – Such discretion can be exercises in rare cases under certain circumstances where....
The main legal point established in the judgment is the court's discretion to grant exemption from personal appearance and allow virtual hearings, considering the provisions of Cr.P.C., relevant case....
The court has discretion to exempt an accused from personal appearance based on individual circumstances, particularly health and age, ensuring trial efficiency.
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