Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 1502 of 2021 Petitioner :- Vivek Sharma Respondent :- Sri Mahesh Sharma And 3 Others Counsel for Petitioner :- Vibhu Rai,Dhananjai Rai Counsel for Respondent :- Nipun Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and Shri Nipun Singh, learned counsel for private respondent nos.3 and 4 through video conferencing.
The applicant has approached this Court to expedite the interim injunction application (Paper No.8C2) filed in Original Suit No.147 of 2021 (Vivek Sharma vs. Mahesh Sharma and others) pending before learned Civil Judge (Senior Division) Meerut.
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."
In view of the decision in the case of Km. Shobha Bose Vs. Judge Small Causes Court 2010 (1) ADJ 531 (DB), it is not proper to issue any positive direction for time bound disposal of any proceedings without ascertaining the position of the workload in the court concern and in the absence of any allegation that the court below is responsible for the delay.
Considering the above, this petition stands disposed of with the direction upon the Court concerned to decide the aforesaid interim injunction application, in accordance with law, either on the next date fixed or immediately thereafter by fixing short dates, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.5.2021 RKP