M/S Prafulla Associate v. M/S Maa Sharda Auto Sales
Case brief
What is this about?
In this matter under Article 227, the High Court directed the Additional Civil Judge, Mirzapur, to decide a cheque-dishonour case expeditiously without unnecessary adjournments, following reliance on Section 143(3) of the Negotiable Instruments Act, 1881.
What did the court decide?
an observation that the Additional Civil Judge, Mirzapur would make an endeavour to decide the case expeditiously without unnecessary adjournments
What the court decided
Court No. - 84
Case :- MATTERS UNDER ARTICLE 227 No. - 1506 of 2021
Petitioner :- M/S Prafulla Associate Respondent :- M/S Maa Sharda Auto Sales Counsel for Petitioner :- Satya Prakash Shukla
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Satya Prakash Shukla, learned counsel for the petitioner and Ms. Sushma Soni, learned A.G.A. for the Stateopposite party.
The present petition has been filed seeking a direction to the Additional Civil Judge (Senior Division)/F.T.C. Mirzapur to decide the Complaint Case No. 3933 of 2018 (M/s. Prafulla Associate Vs. M/s. Maa Sharda Auto Sales).
Learned counsel for the petitioner placing reliance on the order sheet of the case which has been filed alongwith the petition submits that although several dates have been fixed but the matter has been adjourned for some reason or the other and the delay in disposal of the case is causing undue hardship to the petitioner. Attention has been drawn to the provisions of Section 143 (3) of the Negotiable Instruments Act, 1881, which provides for concluding the trial expeditiously.
Learned A.G.A. for the State-opposite party has fairly stated that she has no objection, if the trial is expedited.
Having regard to the aforementioned facts and circumstances and without expressing any opinion on the merits of the case, the present petition is disposed of with an observation that the Additional Civil Judge (Senior Division)/F.T.C. Mirzapur, would make an endeavour to decide the aforesaid case in accordance with law as expeditiously as possible, without granting any unnecessary adjournments to either of the parties, provided there is no other legal impediment.
Issues for consideration
1 issue framed by the court
Whether the Additional Civil Judge should be directed to dispose of Complaint Case No. 3933 of 2018 expeditiously under Section 143(3) of the Negotiable Instruments Act, 1881.
Parties & counsel
- petitioner
M/S Prafulla Associate
- respondent
M/S Maa Sharda Auto Sales
Coram
Dr. Yogendra Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- A227/1506/2021
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