The High Court of Delhi disposed of a PIL requesting expedited hearing and disposal of a suit and counter-claim pending in the Trial Court, which had been previously directed to be concluded by the end of 2009.
Expediting of hearing and conclusion of arguments by a specific date and disposal of the matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~62
versus
SHIVA TEXYARN LTD
..... Respondent Through None.
CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR
O R D E R % 15.01.2016
C.M. No.1485/2016 (exemption)
Exemption is allowed subject to just exceptions. Application disposed of.
CM(M) 39/2016
The petitioner who is appearing in person points out that he had placed on record a copy of the order passed by this Court dated 05.02.2009 in C.M.(M) No.88/2009 and C.M.Nos.1631-32/2009 wherein a direction had been given by this Court to expedite the hearing in the suit and the counter claim pending before the Trial Court and to dispose of both of them preferably by the end of Calendar year 2009.
Petitioner points out that time and again this has been brought to the notice of the Court but on the one pretext or the other, the matter has been adjourned. Attention has been drawn to various order sheets
wherein evidence of the plaintiff has been adjourned on one pretext or the other. Next date fixed before the Trial Judge is 18.02.2016. The Trial Judge shall positively conclude the arguments on that date or on the next adjourned date.
Needless to state that the Trial Court should have abided by the directions passed by this Court in its order dated 05.02.2009 and it should have heeded to it.
Petition disposed of.
Order dasti under signatures of the Court Master.
INDERMEET KAUR, J
JANUARY 15, 2016 ndn
2 issues framed by the court
Whether the Trial Court's delay in hearing the pending suit and counter-claim is in violation of prior expedited directions.
Whether an expedited hearing should be directed for the conclusion of arguments.
Ashok Kriplani
Shiva Texyarn Ltd
Indermeet Kaur
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
