Authority: High Court of Punjab and Haryana at Chandigarh

Order Date: 30 January 2014

Case Overview

  • Parties: Appellants – Jagdish and others; Respondents – Mohindra and Mohindra Finance Services Limited and another.
  • Original case files were lost in a fire accident on 31 January 2011.
  • A Committee was constituted to reconstruct the papers with assistance from counsel who supplied copies; the cause list was used to identify counsel and case status.
  • Where no counsel was on record and papers could not be reconstructed, notices were sent to parties as per court registers; some parties responded, many did not.
  • In the present matter, reconstructed papers and the cause list showed names of counsel for both sides, but no counsel appeared for the appellants when the matter was called.
  • Counsel appearing for the respondents included Mr. Raj Kumar Bashamboo (advocate) and Mr. D.P. Gupta (advocate for respondent No.2).

Final Outcome

  • The appeal is dismissed for default of appearance and non‑prosecution.

Topics: Court Order, Appeal Dismissal