2022 (1) TMI 71 - HC - Customs

Continuation of earlier proceedings made in the previous listings - HELD THAT - The proceedings make it clear that this is the fifth consecutive successive listing in which the writ petitioner has not chosen to come before this court and pursue the matter. The adequate and ample opportunity has been given to the writ petitioner but the writ petitioner has not come forward to pursue the matter. Petition are dismissed for default/non-prosecution.

Summary

Issues:
Non-appearance of the writ petitioner and other respondents, Dismissal of the writ petition for default/non-prosecution.

Analysis:
The judgment by the High Court of Madras dealt with a case where the writ petitioner and other respondents failed to appear in court despite multiple opportunities. The proceedings on various dates, starting from 30.11.2021 to 03.12.2021, indicated a consistent lack of representation from the writ petitioner and certain respondents. Each day, the court granted additional opportunities for the absent parties to appear, but they continued to remain absent. On 03.12.2021, the court decided to list the matter for dismissal due to the continuous non-appearance of the writ petitioner. The court noted that this was the fifth consecutive listing where the writ petitioner did not show up, despite ample chances provided. Consequently, the court dismissed the captioned writ petition and the miscellaneous petition for default/non-prosecution, refraining from imposing any costs.

In conclusion, the judgment highlighted the importance of parties appearing in court and actively pursuing their cases. The court's decision to dismiss the petition was based on the repeated failure of the writ petitioner to participate in the legal proceedings despite being given multiple opportunities to do so. The dismissal was a result of the petitioner's default in prosecution, emphasizing the necessity for active engagement and participation in legal matters to ensure a fair and just resolution.