In a writ petition under Article 227, the court, on consent, directed the Additional District Judge, Moradabad, to expedite the disposal of SCC Suit no.08/2019 within one year, imposing strict adjournment rules.
Direction to decide the suit expeditiously within one year, with penalties for unnecessary adjournments.
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Court No. - 71
Case :- MATTERS UNDER ARTICLE 227 No. - 2745 of 2020
Petitioner :- Amrish Gupta And Another Respondent :- Akhilesh Shukla Counsel for Petitioner :- Krishna Kumar Patel
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.
Notice need not be issued to the private respondents, in view of the order proposed to be passed.
The petitioners are before this Court with request to issue direction to the Additional District Judge-III, Moradabad to decide SCC Suit no.08/2019 (Amrish Gupta vs. Akhilesh Shukla) expeditiously.
Learned Standing Counsel very fairly state that in case the aforesaid case is still pending, the same shall be considered and decided by the Authority concerned expeditiously.
In view of the above, without expressing any opinion on the merits of the case, on consent, the writ petition is disposed of finally with a direction to the Additional District Judge-III, Moradabad to expedite the hearing of the aforesaid case and conclude the same expeditiously, preferably within a period of one year from the date of production of a copy of this order before him, without granting unnecessary adjournments to either of the parties, except upon payment of cost not less than Rs.150/- but certainly after according opportunity of hearing to all the stake holders in the matter.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 15.12.2020 A. Pandey
2 issues framed by the court
Whether direction for expedited disposal of a pending suit can be issued under Article 227
What timeframe and conditions should be imposed for the disposal of civil litigations
Amrish Gupta
Akhilesh Shukla
Mahesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
