Court No. - 13
Case :- MATTERS UNDER ARTICLE 227 No. - 3136 of 2019
Petitioner :- Amrendra Dutt
Respondent :- Special Judge And 9 Others
Counsel for Petitioner :- Sheo Shankar Tripathi,Adya Prasad Tewari
Hon'ble Saurabh Shyam Shamshery,J.
Shri Adya Prasad Tiwari, learned counsel for the petitioner submits that the petitioner is defendant in Civil Appeal No.50 of 2014 (Subodh Agarwal and others vs. Amrendra Dutt and others), which is pending before the Special Judge (Gangster Act), Court No.5, Gorakhpur.
Learned counsel for the petitioner submits that the said appeal has been preferred by the respondent as the Original Suit No.289 of 2011, mentioned in the paragraph no.3, was dismissed vide order dated 28.7.2014. On the basis of the order sheet, annexed as annexure no.2 to this petition, he further submits that order of status quo has been in operation since 28.7.2014. He further submits that till date, despite the pleadings are complete, the appeal has not been finally heard and the matter has been adjourned on several dates.
Considered the submissions made at Bar and perused the record.
In the light of the judment passed by the Hon'ble Supreme Court in the matter of M/s Shiv Cotex vs. Tirgun Auto Plast P. Ltd and Others 2011 (89) ALR, 232, this writ petition is disposed of with the direction to learned court below to decide the aforesaid appeal while taking all endeavours, expeditiously, preferably within a period of one year from the date of production of certified copy of this order, without granting any unnecessary adjournment to either of the parties.
Order Date :- 26.4.2019 Rishabh