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2008 Supreme(Raj) 2379

SHIV KUMAR SHARMA, MAHESH BHAGWATI
Raj. Housing Board – Appellant
Versus
Anukampa Builders (P) Ltd. – Respondent


For the Rajasthan Housing Board:Dr. P.C. Jain with Manoj Sharma, Advocates.
For the Anukampa Builders (P) Ltd.:S.M. Mehta, Sr. Advocate assisted by R.S. Mehta, Advocate.

JUDGMENT

1. - In intra court appeal bearing No.622/1997 pending for the last eleven years, when counsel for the Rajasthan Housing Board (for short 'RHB') did not appear at the time of hearing, the Court heard ex-parte arguments of the learned counsel for the appellant and allowed the appeal. Now the respondent.RHB has filed two applications seeking review of the ex-parte order.

2. Contextual facts depict that M/s. Anukampa Builders Pvt, Ltd. filed DB Civil Special Appeal No.622/1997 impugning the order dated September 16, 1996 of learned Single Judge on December 7, 1996 against respondent RHB. On July 21, 1997 notices were issued to RHB. Notices were served and the matter was listed for admission on August 10, 1998. The matter was adjourned from time to time thereafter on May 7, 2003 the appeal was admitted and the Registry was directed to list the appeal for hearing. The appeal however could not be heard for a period of four years. Thereafter on July 6, 2007 following order was passed by this Court :

"Counsel for the appellant has been heard but the counsel for the respondent Shri Manoj Sharma, whose Vakalatnama is on the record of the file, has not appeared.

List this appeal for dic



















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