Atlanta Infrastructures Ltd. through Its Authorized Signatory Shradha Mohite Vs the State of Maharashtra through Secretary and Another — Bombay HC (2024) — LawSathi Research

Atlanta Infrastructures Ltd. through Its Authorized Signatory Shradha Mohite Vs the State of Maharashtra through Secretary and Another — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition disposed with directions to the learned Principal District and Sessions Judge, Jalgaon to conduct the 2007 proceedings on at least three days a week, to reject adjournments sought on unreasonable or trivial grounds (with costs where appropriate), and to conclude Arbitration Application Nos. 02 of 2007 and 03 of 2007 on or before 31.01.2025.

Issue for consideration

Whether directions should be issued to secure expeditious conduct and disposal of Arbitration Application Nos. 02 of 2007 and 03 of 2007 pending before the learned Principal District and Sessions Judge, Jalgaon, in view of the casual prosecution of the matter by both sides.

Court's answer

The learned Principal District and Sessions Judge, Jalgaon is directed to ensure that both proceedings of the year 2007 are conducted on at least three days in a week.

Ratio / Principle

Adjournment applications filed on unreasonable or trivial grounds are to be rejected, and costs may be imposed where deemed appropriate.

Key takeaways

Arbitration Application Nos. 02 of 2007 and 03 of 2007 shall be concluded on or before 31.01.2025.ratio¶18
The learned Registrar (Judicial) of the High Court is directed to communicate to the learned Principal District and Sessions Judge, Jalgaon that reports submitted with annexures must carry proper pagination.ratio¶20

Detailed headnote1 paragraphs

Division Bench (Ravindra V. Ghuge and Y. G. Khobragade, JJ.) of the Bombay High Court, Aurangabad Bench, disposed of Writ Petition No. 4865 of 2023 filed by Atlanta Infrastructures Ltd. after receiving, in a sealed envelope opened in Court, the report of the learned Principal District and Sessions Judge, Jalgaon dated 13.06.2024 (called for by orders dated 26.04.2023 and 12.06.2024), which disclosed that both litigating parties were casually proceeding with the matter without serious efforts at early adjudication. The Court directed that Arbitration Application Nos. 02 of 2007 and 03 of 2007 be conducted on at least three days in a week; that adjournment applications founded on unreasonable or trivial grounds be rejected, with costs where deemed appropriate; and that both proceedings be concluded on or before 31.01.2025. On receipt of the report without pagination, the learned Registrar (Judicial) was directed to communicate that reports with annexures presented to the High Court must bear proper pagination.

2024:BHC-AUG:20091-DB

987-WP-4865-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

WRIT PETITION NO. 4865 OF 2023

ATLANTA INFRASTRUCTURES LTD THROUGH ITS AUTHORIZED SIGNATORY SHRADHA MOHITE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND ANOTHER

Mr. G. R. Syed, Advocate for the Petitioner Mr. R. S. Wani, AGP for Respondent No.1 – State Mr. V. G. Kodale, Advocate h/f Mr. V. D. Gunale, Advocate for Respondent No.2

CORAM : RAVINDRA V. GHUGE AND

Y. G. KHOBRAGADE, JJ.

DATE : 29.08.2024

PER COURT :-

Pursuant to the order of this Court dated 26.04.2023 and 12.06.2024, the report is received from the learned Principal District and Sessions Judge, Jalgaon, dated 13.06.2024. The sealed envelope containing the report was opened in the Court hall. The report comprising 5 pages and the Annexures A to G (without pagination), are collectively marked as “X” for identification.

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It appears from the report that both the litigating parties are casually proceeding with the matter and no serious efforts for an early adjudication are being taken by either of the sides.

In view of the above, we direct the learned Principal District and Sessions Judge, Jalgaon, to ensure that both these proceedings of the year 2007, shall be conducted on at least three days in a week. If any party seeks adjournment on unreasonable or trivial grounds, such application be rejected and if deemed appropriate, cost may be imposed.

Let the proceedings in Arbitration Application Nos. 02 of 2007 and 03 of 2007, be concluded on or before 31.01.2025.

In view of the above directions, this Writ Petition is disposed off .

The learned Registrar (Judicial) of this Court is directed to communicate to the learned Principal District and Sessions Judge, Jalgaon, that when he submits his report along with annexures, proper pagination should be done. A report with annexures, without

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987-WP-4865-2023

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pagination, is not an appreciable way of presenting the documents to the High Court.

[ Y. G. KHOBRAGADE, J. ]

[ RAVINDRA V. GHUGE, J. ]

SMS

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