Madhya Pradesh High Court: In a petition file to seek the quashment of dismissal of the petitioner, National Insurance Company’s employee, a single-judge bench comprising of Vivek Agarwal, J., imposed a cost of Rs. 25,000/- on the respondents’ counsel for their persistent non-appearance and lack of cooperation and warned of proceeding ex-parte if the respondents continue to fail in cooperation.
In the instant matter, the appellant, National Insurance Company, dismissed its administrative employee, who subsequently filed a petition before this Court seeking to quash her dismissal. The respondent contended that her dismissal was unjustified and based on fallacious grounds. During the last hearing on 07-05-2024, the Court explicitly stated that the case would be taken up at 2:15 P.M., however, the respondents’ counsel failed to appear before the Court, demonstrating non-cooperation. It is pertinent to note that the respondents’ counsel is not present today also.
Considering the persistent non-appearance and lack of cooperation from the respondents’ counsel, The Court adjourned the case and imposed costs. The Court noted that the petitioner’s counsel, is an outstation counsel, and ordered a cost of Rs. 25,000, out of which Rs. 5,000 would be allocated for commutation expenses and Rs. 20,000 would be deposited in the High Court Legal Services Committee. The Court scheduled the next hearing for 29-05-2024 and made it clear that if the respondents fail to appear and cooperate, the court shall proceed ex-parte against them.
[Praveen Prakash v. National Insurance Co. Ltd., 2024 SCC OnLine MP 3308, order dated 16-05-2024]
Advocates who appeared in this case :
Shri Rajesh Nema, Counsel for the Petitioner;
None, Counsel for the Respondents.
