2003 Supreme(Raj) 1175

RAJASTHAN HIGH COURT AT JAIPUR BENCH
S.K.Keshote, J.
Capital Body Builders - Appellant
Versus
Rajasthan State Road Transport Corporation - Respondent
S.B. Civil Revision Petition No. 1565 of 1998.
Decided On : 9-04-2003

The absence of one advocate should not be a ground for adjournment, and efforts should be made to settle matters by arbitration.

Headnote:

Adjournment - Advocates - The court declined the prayer for adjournment based on the absence of one of the engaged advocates, emphasizing that the absence of one advocate should not be a ground for adjournment.

Fact of the Case:

The petitioner sought adjournment due to the absence of the petitioner's counsel, which was declined by the court. The court reviewed the memo of the revision petition and the order of the learned District Judge, and found that the trial court had not committed any illegality in granting the respondent's application for continuation of arbitration proceedings.

Finding of the Court:

The court found that the trial court had not committed any illegality in granting the respondent's application for continuation of arbitration proceedings and to direct the Arbitrator to complete the proceedings within a period of six months. The court emphasized the importance of settling matters by arbitration and criticized the petitioner for approaching the courts to delay the proceedings.

Issues: Prayer for adjournment, legality of granting respondent's application for continuation of arbitration proceedings, delay tactics by the petitioner.

Ratio Decidendi: The absence of one advocate should not be a ground for adjournment. The court emphasized the importance of settling matters by arbitration and criticized the petitioner for approaching the courts to delay the proceedings.

Final Decision: The revision petition was dismissed, and no costs were awarded.