Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5244 of 2018 Petitioner :- Dhirendra Singh Respondent :- Special Judge S.C./ S.T. Act. Allahabad And 2 Others Counsel for Petitioner :- Sarvodaya Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
In view of the order, which is proposed to be passed, notices need not go to the private respondent.
The petitioner has approached this Court with the request to ask the court concerned i.e. Special Judge, S.C./S.T. Act, Allahabad to decide the Execution Case no.16/2015 (Dhirendra Singh vs. Dinesh Singh and others) expeditiously.
It is averred in the writ petition that an accident took place on 01.02.2009 at about 3 pm at G.T. Road near village Abusa Moda within the jurisdiction of P.S. Sarsi Inayat, District Allahabad, in which the petitioner's wife namely Savitri Singh got injured due to negligent and rash driving by the driver of the vehicle Maruti Van no.U.P.32R1037 and during the treatment she succumbed to injuries. The petitioner filed claim petition in the Court of Judge, Motor Accident Claim Tribunal, Allahabad and the case was registered as MACT no.441 of 2009 (Dhirendra Singh vs. Dinesh Singh and others) and finally the award was passed in favour of petitioner on 14.07.2015 allowing the claim petitioner and directing the opposite party no.2 and 3 to make payment of sum of Rs.44,21,538/- alongwith interest @ 7.5 per month from the date of filing of the claim petition till actual payment of above payment and the Recovery Certificate has also been issued by the Collector, Allahabad. Thereafter the Execution Case no.16/2015 (Dhirendra Singh vs. Dinesh Kumar Singh) has been preferred by the petitioner and the same is still pending consideration and as such, the petitioner is before this Court with the aforementioned request.
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 expedite the proceeding of pending Execution Case no.16/2015 (Dhirendra Singh vs. Dinesh Singh and others) and conclude the same, in accordance with law, as expeditiously as possible and preferably within six months period from the date of production of certified copy of this order provided that there is no other impediment, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 31.7.2018 A. Pandey