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1966 Supreme(All) 102

S.D.KHARE, B.DAYAL
Lakshmi Ratan Cotton Mills Co. Ltd. – Appellant
Versus
The Aluminium Corporation of India Ltd. – Respondent


Advocates:
M.N. Shukla, S.N. Kakkar and B.N. Misra, for Appellant; Brij Lal, J. Sarup and C.S.P. Singh, for Respondent.

Judgement

B. DAYAL, J. :- These three appeals arise out of two suits between the parties. Two of the appeals have been filed by the common defendant while third is by one of the plaintiffs Laxmi Ratan Cotton Mills Co. Ltd. These appeals have been pending in this Court since 1952 mainly because the parties insisted upon bringing lawyers from outside but were unable to decide upon a common date on which lawyers for both the sides were able to attend the Court. After all, with great difficulty, the appeals were started on the 6th of December, 1965 and were partly heard on the 7th of December, 1965 also, on which date learned counsel appearing for the defendant-appellants had finished their arguments. The learned counsel for the plaintiff-respondent started his case and argued for sometime but the cases had to be postponed. Since then several dates were fixed but the plaintiffs were unable to bring any counsel to complete the arguments on their behalf. The cases were ultimately fixed for the 9th of May, 1966 and the learned junior counsel who were appearing for the plaintiff-respondents were definitely informed that the date would not be altered. However, an application was again filed




























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