The Delhi High Court today withdrew a Single Judge's direction prohibiting district courts from passing adverse orders in case of absence of any counsel on physical hearing dates (Anil Kumar v. Hon'ble High Court of Delhi)..A Division Bench of Justices Vipin Sanghi and Rekha Palli said, "In our view, a general direction of this kind is not called for since the courts have always examined the situation on a case-to-case basis and exercised their discretion as to whether or not to accommodate the parties in the absence of the counsel. We therefore withdraw the direction forthwith.".The order was passed after the Advocate Viraj Datar, appearing for the High Court, stated that the interim direction of the Single Judge was leading to delay in progress of the cases as one or the other counsel was invariably taking advantage of the same. .Last month, Justice Prathiba M Singh had directed that no adverse orders shall be passed if the counsel did not appear physically for any justifiable reasons..The Court was considering a petition seeking hybrid hearings in lower courts on physical hearing days in view of the COVID-19 threat. It was informed that ex parte, adverse orders were being passed in case of non-appearance..Advocates Atul Nagarajan, Anant Kumar Hajelay, Devendra Verma, Shreya Arneja, and Rajat Gautam appeared for the petitioners who are all senior citizens and practicing advocates..The matter will be heard on March 24.
The Delhi High Court today withdrew a Single Judge's direction prohibiting district courts from passing adverse orders in case of absence of any counsel on physical hearing dates (Anil Kumar v. Hon'ble High Court of Delhi)..A Division Bench of Justices Vipin Sanghi and Rekha Palli said, "In our view, a general direction of this kind is not called for since the courts have always examined the situation on a case-to-case basis and exercised their discretion as to whether or not to accommodate the parties in the absence of the counsel. We therefore withdraw the direction forthwith.".The order was passed after the Advocate Viraj Datar, appearing for the High Court, stated that the interim direction of the Single Judge was leading to delay in progress of the cases as one or the other counsel was invariably taking advantage of the same. .Last month, Justice Prathiba M Singh had directed that no adverse orders shall be passed if the counsel did not appear physically for any justifiable reasons..The Court was considering a petition seeking hybrid hearings in lower courts on physical hearing days in view of the COVID-19 threat. It was informed that ex parte, adverse orders were being passed in case of non-appearance..Advocates Atul Nagarajan, Anant Kumar Hajelay, Devendra Verma, Shreya Arneja, and Rajat Gautam appeared for the petitioners who are all senior citizens and practicing advocates..The matter will be heard on March 24.