Vakalatnama filed by Mr. Tarun Agarwal, Advocate, on behalf of sole-respondent is taken on record.
The petitioner has filed present petition under Article 227 of the Constitution of India inter-alia with the following prayer :-
a) To issue an appropriate order or direction directing the Learned Presiding Officer, Commercial Court, District Moradabad to decide the Arbitration Case No.572/2019 (C.N.R. No.UPM031001012019) (M/s Macro Marvel Infrastructure Corporation Limited Vs. M/s Dwarikesh Sugar Industries Ltd.) as expeditiously with stipulated period of time as prescribed by this Hon'ble Court."
It is argued by learned counsel for the petitioner that the matter is pending consideration before the Commercial Court, Moradabad since 2019 and though large number of dates were fixed but till date no decision has been taken as such prayer has been made to direct the Presiding Officer, Commercial Court to decide the aforesaid case expeditiously.
On the other hand it is argued by Mr. Tarun Agarwal, learned counsel for the respondent that present petition under Article 227 of the Constitution of India is not maintainable and in the present case it is not necessary to grant reliefs as prayed for by the petitioner in the present petition.
It is argued by Pratik Chandra, counsel for the petitioner that as per law of the land speedy trial is necessary and as such a direction be issued to decide the aforesaid case expeditiously otherwise entire purpose of filing of the aforesaid case will be frustrated.
Heard counsel for the parties and perused the record.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition is disposed of finally with a direction to the concerned court below to consider and decide the aforesaid case in accordance with law expeditiously and preferably within a period of six months from the date of production of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties.
Order Date :- 5.2.2021 Pramod Tripathi