Heard learned counsel for the petitioner.
This petition has been filed praying for a direction that the clarification application filed by the applicant who is the defendant no. 1 in the suit be commanded to be decided within a specified period of time. The application appears to have been filed in April, 2018.
Learned counsel has invited the attention of the Court to the order sheet and from that we find that on 11th July, 2018 when the case was fixed, counsel were abstaining from work. It is, therefore, evident that there is absolutely nothing on record to indicate that the proceedings before the trial court had been impeded on account of the docket of work but it was on account of the lawyers abstaining from work. This therefore does not call for any indulgence from this Court under Article 227 of the Constitution of India. It is open to the applicant to move an expedite application before the trial court for passing any appropriate order on the clarification application.
It is stated at the Bar that the next date fixed in the case is 19.11.2018, the trial court shall endeavour to pass an appropriate order provided the lawyers cooperate. Consigned to records.
Order Date :- 27.10.2018 S.Chaurasia