Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5188 of 2018 Petitioner :- Tahir Hussain And 2 Others Respondent :- State Bank Of India And Another Counsel for Petitioner :- Meraj Ahmad Khan Counsel for Respondent :- Satish Chaturvedi
Hon'ble Mahesh Chandra Tripathi,J.
The plaintiffs-petitioners have approached this Court to expedite the application 6-C dated 21.5.2018 pending in Original Suit No. 41 of 2018 (Tahir Hussain and others vs. State Bank of India and others) before Civil Judge (Senior Division), Chandausi.
Learned counsel for the plaintiffs-petitioners submits that in application 6-C, notice has already been sent to the opposite party but no response has been filed till date and on account of pendency of the application 6-C, the plaintiffs-petitioners are suffering irreparable loss and as such, the request has been made to expedite the application 6-C.
Heard Sri Meraj Ahmad Khan, learned counsel for the petitioner and Sri S.P.Singh, learned counsel for the first respondent.
In view of the order, which is proposed to be passed today, notice need not go to the second respondent.
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.
Order Date :- 31.7.2018 A.K.Srivastava