Allowed

Bal Kishan Garodia v. M/S East India Fabrics Mfg Co. Ltd. & Ors.

Punjab & Haryana HC21 Jan 2013CR/368/2013

Case brief

AI extract

What is this about?

In this civil revision under Article 227, the High Court directed the trial judge to allow the petitioner to complete arguments and submit written submissions by a specified date without prolonging the trial.

What did the court decide?

Directions to trial judge to hear counsel fully and permit written arguments, with conclusion of arguments by 28.1.2013.

Bal Kishan Garodia Vs M/S East India… — Civil Procedure and Limitation | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision 368 of 2013 Date of Decision : January 21, 2013

Bal Kishan Garodia

.....Petitioner

VERSUS

M/s East India Fabrics Mfg. Co. Ltd and others

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.....Respondents

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CORAM: HON'BLE MR. JUSTICE T.P.S.MANN

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Present : Mr. Sudhir Mittal, Advocate for the petitioner.

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T.P.S. MANN, J. (Oral)

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One of the defendants has filed the present revision under Article 227 of the Constitution of India for issuance of directions to the trial Judge-respondent No.2 to hear the counsel for the petitioner before pronouncing judgment and also to accept the written arguments on his behalf.

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It is submitted that the counsel for the petitioner started arguing the case on 17.1.2013 at about 3.15 p.m. He was hardly heard for 25 minutes when he was asked by the trial Judge to wind up. In those 25 minutes, the counsel for the petitioner could barely cover few issues involved in the case. The case was, thereafter, fixed for today, i.e. 21.1.2013 for final judgment. It is submitted that the petitioner has not been fully heard by the trial Judge on all the issues involved in the case and, therefore, directions be issued to the

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CR 368 of 2013

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-2-

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trial Judge to grant him more time. Prayer has also been made for permitting the petitioner to place on record written arguments before the trial Judge.

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After hearing counsel for the petitioner, the present revision is disposed of with a direction to the trial Judge/respondent No.2 to hear the counsel for the petitioner till the time he is able to cover all the issues involved in the case. He shall also be permitted to submit the written arguments. However, under the garb of the aforementioned directions, the petitioner shall not unnecessarily prolong the conclusion of the trial and ensure that he is able to complete his arguments at the earliest and in any case by 28.1.2013. Once the arguments are concluded and the written arguments placed on record, the trial Judge shall proceed with the pronouncement of the judgment.

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Order be informed to the trial Judge through fax in the prep-lunch session itself.

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( T.P.S. MANN ) JUDGE

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January 21, 2013 ajay-1

Bal Kishan Garodia v. M/S East India Fabrics Mfg Co. Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

Bal Kishan Garodia v. M/S East India Fabrics Mfg Co. Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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