9911796707
TMI Blog2015 (3) TMI 804X X X X Extracts X X X X X X X X Extracts X X X X ..... for the petitioner/appellant had not sought adjournment on medical grounds, the Tribunal would have been justified in passing the impugned order. Since adjournment was sought on the ground of illness of the advocate, which was certified by a medical practitioner, the Tribunal has acted with material irregularity in not taking into consideration the said fact and in passing the impugned order. There is lack of application of mind and focused consideration. Except the sentence, noticed supra, there is no reasoning. is lack of application of mind. Non-consideration of the prayer for adjournment sought on medical ground by the advocate on record is apparent. There is denial of reasonable opportunity. W.P. allowed. Petitioner is permitted to fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for. He submitted that the notified defects having not been removed, despite reasonable opportunity having been granted, the Tribunal being left with no alternative has passed the impugned order. He made submissions in support of the impugned order. 4. Perused the writ record and considered the rival contention. Point for consideration is, whether the petitioner is entitled to any relief? 5. Stay applications were filed along with the appeals and the defective memos were issued to the appellant, to remove the defects. Though, time was extended, defects having not been removed, the impugned order was passed. 6. There is no dispute that a communication was sent by the advocate for the appellant/petitioner, enclosing a medical certi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtue. All long judgments or orders are not great nor brief orders are always bad. What is required of any judicial decision is due application of mind, clarity of reasoning and focused consideration. A slipshod consideration or cryptic order or decision without due reflection on the issues raised in a matter may render such decision unsustainable. Hasty adjudication must be avoided. Each and every matter that comes to the court must be examined with the seriousness it deserves. 10. There is lack of application of mind. Non-consideration of the prayer for adjournment sought on medical ground by the advocate on record is apparent. There is denial of reasonable opportunity. In the circumstances of the case, the impugned order being irratio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
