Disposed

Ram Kuber v. Kaushalesh Kumar Mishra and 3 Others

Allahabad HC2 Nov 2020A227/3129/2020

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the High Court directed the appellate court/District Judge to decide an interim injunction application within three months. The Court relied on Supreme Court observations regarding delay in justice and granted an order without issuing notices to private respondents.

What did the court decide?

Direction to adjudicate interim injunction application within three months; no notice to private respondents required.

Ram Kuber Vs Kaushalesh Kumar Mishra and 3… — Civil Procedure and Limitation | Allahabad HC (2020)

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Court No. - 71

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Case :- MATTERS UNDER ARTICLE 227 No. - 3129 of 2020

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Petitioner :- Ram Kuber Respondent :- Kaushalesh Kumar Mishra And 3 Others Counsel for Petitioner :- Krishna Kumar Mishra

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the petitioner.

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In view of the order, which is proposed to be passed, notices need not go to the private respondents.

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The petitioner has approached this Court for a direction to appellate court/District Judge, Allahabad to decide interim injunction application in MCA No.10 of 2020 (Ram Kuber v. Kaushalesh Kumar) within stipulated period.

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It is alleged by the petitioner that inspite of service to the respondents, they are avoiding the aforesaid proceeding.

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The Hon'ble Supreme Court in M/s Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR 232 , has made the following observations:-

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".................It is high time that courts become sensitive to delays in justice delivery system and realize that adjournments do dent the efficacy of judicial process and if this menace is not controlled adequately, the litigant public may lose faith in the system sooner than later. The Courts, particularly Trial Courts, must ensure that on every date of hearing, effective progress takes place in the suit."

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Considering the above, this petition stands disposed of with the direction upon the court concerned to adjudicate the aforesaid application, in accordance with law, as expeditiously as possible and preferably within three months from the date of production of copy of this order and without granting unnecessary adjournment to either of the parties, except upon payment of cost. In case the respondents do not turn up in the aforesaid proceeding, the Presiding officer would be at liberty to proceed exparte and finalise the proceeding within the stipulated period.

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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.

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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.

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Order Date :- 2.11.2020 SP/

Ram Kuber v. Kaushalesh Kumar Mishra and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Kuber v. Kaushalesh Kumar Mishra and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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