Disposed

M/S Sanjay Steel Industries and Another v. Ms Radhika Casting Pvt. Ltd. and 2 Others

Allahabad HC8 Jan 2025A227/139/2025

Case brief

AI extract

What is this about?

A writ petition under Article 227 sought expeditious disposal of a specific civil suit. The High Court issued binding timelines for defendants to complete evidence and for the trial court to decide the suit within two months, clarifying that justifiable delays do not attract personal contempt liability.

What did the court decide?

Directing defendants to conclude evidence within two months and the trial court to decide the suit within a further two months.

M/S Sanjay Steel Industries and Another vs… — Civil Procedure and Limitation | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:4160

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 139 of 2025

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Petitioner :- M/S Sanjay Steel Industries And Another Respondent :- Ms Radhika Casting Pvt Ltd And 2 Others Counsel for Petitioner :- Alok Kumar Srivastava

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Hon'ble Ajit Kumar,J.

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Heard Sri Alok Kumar Srivastava, learned counsel for the petitioners and perused the record.

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By means of this petition filed under Article 227 of the Constitution, petitioners want expeditious disposal of S.C.C. Suit No. 02 of 2020, Ajay Kashyap and another v. M/s. Radhika Casting Pvt. Ltd. through its Managing Director/ Principal Officer and another pending in the court of Additional District Judge, Court No. XII, Kanpur Nagar.

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It is submitted by learned counsel for the petitioner that after exchange of pleadings between the parties the plaintiffs' evidence has been closed and the case is at the stage of recording of evidence of the defendants.

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In the circumstances, the Court considers it appropriate to expedite the proceedings of the aforesaid case and accordingly, following directions are issued:

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(i). Defendants shall be concluded their evidence in all circumstances within a period of two months from the date of production of certified copy of this order and the court shall ensure that plaintiffs cooperate in the conclusion of the evidence of defendants; and

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(ii). After evidence of respective parties stands concluded, the court shall proceed to finally hear and decide the suit within a maximum period of two months without granting unnecessary adjournment to either of the parties and if any adjournment is granted for unavoidable circumstances, the reasons must be recorded in the order sheet.

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However, it is clarified that for any justifiable reasons or unavoidable circumstances, the suit proceedings are not concluded

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within the specified period of time as directed herein above, such delay will itself ordinarily not bind the judicial officer personally liable for contempt under the Contempt of Courts Act, 1971.

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With the aforesaid observations and directions, this petition stands disposed of .

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Order Date :- 8.1.2025 IrfanUddin

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Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad

M/S Sanjay Steel Industries and Another v. Ms Radhika Casting Pvt. Ltd. and 2 Others

Case brief

What is this about?

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M/S Sanjay Steel Industries and Another v. Ms Radhika Casting Pvt. Ltd. and 2 Others

Case brief

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What did the court decide?

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