The court has the authority to direct the learned Trial Court to expedite the proceedings and dispose of pending applications within specified timelines.

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 accordance with Delhi High Court Circular No. 69/Rules/DHC dated 05.12.2019, which reads as under:

"5. Appearance on the first date of listing:

(a) Where a Civil Miscellaneous (Main) Petition under Article 227 of the Constitution of India or Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 is filed, any opposite party desiring to oppose any of the prayers made in such petition or in any interim application accompanying such petition shall appear personally or through counsel to make submissions as he/ she may desire before the Court.

(b) In case any opposite party does not appear before the Court upon advance service of the petition, the Court may not issue any further notice to such opposite party and may pass any order(s) as it may deem fit and proper in the facts and circumstances of the case."

8. This Court has perused the order dated 18.12.2020 passed by the Coordinate Bench of this Court as well as the orders of the learned Trial Court, which have been annexed as Annexure P-3 (Colly) to the present application. On a perusal of the ordersheets, it appears that for some reason or the other, the disposal of the application under Order XXII Rule 4 CPC is still pending.

9. Without commenting upon the reasons for delay or the merits of the issues, this Court deems it fit to direct the learned Trial Court to take up the application under Order XXII Rule 4 CPC for hearing on 29.03.2023, when the suit is stated to be listed before the learned Trial Court, and dispose of the same in accordance with law on the same day.

10. Learned counsel draws attention of this Court to paragraph 10 of order dated 18.12.2020 whereby this Court had also directed the learned Trial Court to expedite the proceedings and endeavour to dispose of the leave to defend application as well within six months of the date fixed by this Court.

11. It is apparent that no such endeavour has been made to dispose of the leave to defend application itself. It is directed that the learned Trial Court, if not on 29.03.2023, shall consider the leave to defend application on or by 30.04.2023 and endeavour to pass appropriate orders in accordance with law.

12. With the aforesaid directions, the application stands disposed of with no order as to cost.