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TMI Blog1992 (10) TMI 255X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant-petitioner to set aside an award given in the arbitration proceedings. The application for restoration of the petition was also dismissed by the High Court on April 24, 1974. Further appeal filed by the appellants was dismissed in limine by a Division Bench of the High Court by its order dated August 5, 1974. 2. Appellants' petition for setting aside the award came for hearing bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioners in person were present the petition was dismissed in default. The application for restoration was also dismissed by the learned Judge vide order dated April 24, 1974. While dismissing the said application, Learned Judge observed as under: This Motion disclosed a sorry state of affairs in regard to which, unfortunately, I have had my suspicions in several matters while sitting in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ligation to attend to the matter, both on the clients as well as the court. It is not difficult for everybody concerned with the Original Side to realise which particular firms of attorneys indulge in these practices frequently, and some of them even regularly. We entirely agree with the sentiments expressed by the Learned Judge. Though the observations were made by the Learned Judge almost two d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e hearing of the case on that day. We are of the view, when Mr. Adia withdrew from the case, the interests of justice required, that a fresh notice for actual date hearing should have been sent to the parties. In any case in the facts and circumstances of this case we feel that the party in person was not at fault and as such should not be made to suffer. 5. We, therefore, allow the appeal, set a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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