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TUSHAR RAO GEDELA
Sh. Nand Lal – Appellant
Versus
Sh. Allauddin – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 7408/2023 (Exemption)
1. This is an application seeking exemption from filing certified copies of the annexures.
2. Exemption is allowed, subject to all just exceptions.
3. The application stands disposed of.
CM APPL. 7407/2023 (Direction)
4. This is an application under Section 151 of CPC, 1908 (in short "CPC") filed on behalf of the petitioners seeking direction to the learned Trial Court to dispose of the application under Order XXII Rule 4 of CPC. Ms. Shalini Kapoor, learned counsel appearing on behalf of the petitioners/applicants submits that the learned Trial Court has, despite the order passed by this Court on 18.12.2020, yet not decided the application under Order XXII Rule 4 of CPC as filed by the applicants/petitioners.
5. Learned counsel for the applicants/petitioners submits that more than 2 years have passed and the said application has not yet been disposed of.
6. The respondents have been served with advance notice of the application. However, no one has entered appearance on behalf of respondents.
7. This Court proceeds to dispose of the instant application in
The court has the authority to direct the learned Trial Court to expedite the proceedings and dispose of pending applications within specified timelines.
The court has the discretion to allow exemption from filing certified copies of annexures, subject to all just exceptions, and can direct the disposal of urgent matters in accordance with law.
The Court emphasized the need for expeditious disposal of applications under Order XXXVII Rule 3 (5) CPC to prevent prejudicial effects on the petitioner.
Timely resolution of procedural matters is essential for the expeditious conduct of trials.
The court has the authority to grant directions to expedite the process of hearing and disposing of pending applications in accordance with relevant court rules and circulars.
Timely hearing of applications in civil proceedings is essential, with courts expected to adhere to deadlines and avoid unnecessary delays.
The court emphasized the importance of adhering to procedural timelines and the rights conferred upon the parties under the Commercial Courts Act, 2015 and the Civil Procedure Code.
Mandatory compliance with court directions
Granting one chance to file rejoinder and requesting expeditious disposal of the leave to defend application and final orders
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