2023 (11) TMI 1309

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..... Mr. Tarun Kumar Thakur, Adv.  Ms. Parvati Bhat, Adv.  Ms. Anuradha Mutatkar, AOR For the Respondent : Mr. G. Arudhra Rao, Adv. Mr. Sathvik M.C., Adv.  Mr. Aniruddha Purushotham, AOR  Ms. Tansi Fotedar, Adv.  Mr. Rohan Andrew Naik, Adv.  Mr. Mohan Prasad Gupta, Adv.  Mr. Kumar Abhishek, Adv. ORDER Leave granted. The appellants herein are the plaintiffs who w .....

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..... stead of dismissing the appeal on merits by stating that no substantial question of law was made out. Therefore, the learned senior counsel submitted that the impugned judgment may be set aside and the matter may be remanded to the High Court for consideration on the merits of the appeal. Per contra, learned counsel appearing for the respondent supported the impugned judgment and contended that t .....

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..... t if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. However, the impugned judgment is a dismissal of the appeal on merits which is contrary to the aforesaid provisions and particularly the Explanation thereto. On that short ground alone the appeal is allowed the impugned order is set aside. The RSA No.196/2022 i .....

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