Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6583 of 2018 Petitioner :- Asha Gupta And Another Respondent :- The Indian Insurance Company Limited Fatehgarh And 2 Others Counsel for Petitioner :- Raj Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners.
In view of the order, which is proposed to be passed today, notices need not go to the private respondent.
The petitioners have approached this Court to expedite the application 6-C pending in Original Suit No. 146 of 2017 (Asha Gupta and another vs. Indian Insurance Company Limited and others) before Civil Judge (Senior Division), Farrukhabad. Further prayer is to direct the respondent no. 1 and 2 not to make payment to the respondent no. 3 in policy no. 266514594 and policy no. 515400425171 during pendency of the suit.
The Hon'ble Supreme Court in M/s Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR 232, has made the following observations:-
".................It is high time that courts become sensitive to delays in justice delivery system and realize that adjournments do dent the efficacy of judicial process and if this menace is not controlled adequately, the litigant public may lose faith in the system sooner than later. The Courts, particularly Trial Courts, must ensure that on every date of hearing, effective progress takes place in the suit."
Considering the above, this petition stands disposed of with the direction upon the Court concerned to consider and decide the application 6-C pending in aforesaid Suit, in accordance with law, as expeditiously as possible and preferably within four months from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the parties, except upon payment of cost. So far as the second relief is concerned, the same can very well be asked by the plaintiff-petitioners from the court below while pressing the application 6-C.
Order Date :- 7.9.2018 A.K.Srivastava