TUSHAR RAO GEDELA
Soni Dave – Appellant
Versus
Trans Asian Industries Expositions Pvt. Ltd. – Respondent
Based on the provided legal document, the key points are as follows:
The court emphasized the importance of expeditious disposal of execution petitions, in accordance with legal provisions and prior directives [judgement_subject][judgement_act_referred].
The petitioner sought a direction for the swift disposal of an execution petition that has been pending since 2016, highlighting delays in the execution process (!) .
Previous court orders had directed the executing court to complete the proceedings within a specified timeframe, and the petitioner’s counsel confirmed that the respondent had no objection to a timely disposal [11000745010001][11000745010002].
Despite these directions, the execution proceedings have been delayed significantly, with the process moving at a very slow pace, rendering the earlier orders ineffective [11000745010004].
The court referred to a relevant circular that mandates appearance by opposite parties on the first date of listing and allows the court to pass orders if the opposite party does not appear after service of notice (!) (!) .
The court directed the executing court to dispose of the pending execution petition within a maximum period of eight weeks from the date of the order (!) .
The court also considered the convenience of the parties and directed that the hearing in the execution petition, initially scheduled for a later date, be advanced to an earlier date, preferably to coincide with a scheduled hearing in another suit [11000745010012][11000745010013].
The order was issued to ensure the expeditious disposal of the execution proceedings, and copies of the order were to be sent to the respondents and the executing court (!) (!) (!) .
These points encapsulate the court’s focus on prompt resolution of pending execution matters, adherence to procedural directives, and the importance of avoiding unnecessary delays.
JUDGMENT :
Tushar Rao Gedela, J.
Petitioner seeks direction from this Court to the learned Executing Court to expeditiously dispose of the execution petition which is pending since 2016.
2. Learned counsel appearing for the petitioner draws attention of this Court to the order dated 27.05.2021. passed by the Court in CM (Main) 216/2021 titled ‘G S Berar And Co. Pvt. Ltd. v. Trans Asian Industries Expositions Pvt. Ltd.’ whereby this Court had directed the executing Court to complete the execution proceedings as per law and dispose of the same within three months from 15.07.2021.
3. Learned counsel submits this was a consent order whereby the learned counsel appearing for the respondent had categorically submitted that he has no objection in case the said execution petition is disposed of as per law, in a time bound manner.
4. Learned counsel appearing for the petitioner submits that despite the aforesaid direction as also the no objection given by learned counsel appearing for the respondent, the executing court has not been able to dispose of the execution petition within the time as stipulated in the order dated 27.05.2021.
5. In fact, learned counsel appearing for the petitioner submit
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